The Current Status of the Tylenol® Lawsuit

Claims Filed Against Johnson & Johnson

Beginning in 1994, there have been many claims filed against Johnson & Johnson, including:

• One of the first lawsuits against Johnson & Johnson was filed in 1994 by a patient who suffered acute liver failure and required a transplant after consuming alcohol while taking Tylenol®.
• Another lawsuit in 2007 resulted in a $5 million verdict for the parents of a one-year-old child that passed away from liver failure after taking Tylenol® for infants.
• A 2012 lawsuit was filed by a woman who suffered severe liver damage after taking Tylenol® as prescribed for several days.
• In 2013, a woman and her husband filed a lawsuit after the woman suffered acute liver failure after taking Extra Strength Tylenol® and Lortab together.
• A husband and father filed a lawsuit in 2013 on behalf of a woman who died of acute liver failure after taking Tylenol®.

Many lawsuits against Johnson & Johnson are still pending, and claims are still being filed. A majority of the lawsuits that have been filed center around the company’s failure to provide adequate warnings to consumers and healthcare providers of the risks of liver damage and liver failure. Many of the plaintiffs are seeking damages for physical and emotional suffering, diminished earning capacity, significant financial burden due to extensive medical expenses, and loss of consortium for family members.

Multidistrict Litigation

As of April 2013, the numerous lawsuits against Tylenol® and Johnson & Johnson have been consolidated into multidistrict litigation (MDL) under a single judge in a Pennsylvania federal court. An MDL is common in cases involving defective drugs. It groups together a large number of similar cases against a single defendant to make the pretrial processes more efficient. This allows for consistency in the proceedings, a conservation of resources, and avoids duplication of evidence and discovery. Nearly 200 cases have been consolidated into MDL as of this publication.

MDL vs. Class Action

Although similar, MDL and class action lawsuits result in very different outcomes for the plaintiffs. MDL consolidates multiple cases for pretrial proceedings only, but each case is tried separately. This allows for each plaintiff to receive a settlement or verdict based on the specifics of their individual complications.  

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A class action lawsuit also groups similar cases against a common defendant. The primary difference, however, is that in participating in a class action lawsuit, plaintiffs are legally prevented from filing an individual lawsuit against the defendant at a later date. Additionally, the plaintiffs are treated as a single group. This means that if a monetary verdict or settlement is reached, each plaintiff receives an equal share of that award. This frequently results in very small and insufficient amounts for the plaintiffs as individuals, especially when extensive medical bills are involved.

Evidence Discovery in the Tylenol® Lawsuits

The evidence discovery process in any lawsuit is characterized by a sharing of evidence between plaintiffs and defendants. In dangerous drug lawsuits, there are a number of items that your attorneys will use and share with the defendant’s attorneys, including:

• Your medical records, to prove or disprove any history of liver dysfunction or previous damage not related to acetaminophen
• Copies of medical bills relating to the care you received for acetaminophen overdose, liver toxicity, or acute liver failure
• Copies of your tax records and W2s to estimate any temporary or permanent loss of income
• Documented proof of any claims that Johnson & Johnson failed to provide adequate warnings, instructions, etc.
• Your attorneys will also take depositions from potential witnesses, including your primary care physicians and hospital staff. They may also seek out expert testimony from other medical professionals in the field.

Updates on the Tylenol® Lawsuits

Many of the lawsuits against Tylenol® and Johnson & Johnson are still pending in MDL. Although MDL tends to create more efficient pre-trial processes, with more than 100 cases still pending and new lawsuits being filed every day, reaching a settlement or verdict is a lengthy process. Our expert legal team is closely monitoring the Tylenol® lawsuit for any changes or updates. We will continually update this page as new information regarding these lawsuits becomes available.

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If you or a loved one suffered a Tylenol®-related injury, you should speak with an experienced pharmaceutical attorney. Contact a member of our team today to schedule a complimentary case evaluation.