Calif. plaintiff files Tylenol products liability suit in MDL at Eastern Dist. of Pa.

By Jon Campisi | Nov 18, 2013

A new civil action has been filed in the Tylenol Marketing, Sales Practices

and Products Liability Litigation playing out in the Eastern District of Pennsylvania.

Attorneys Susan C. Minkin, James F. Green and Christopher V. Tisi, of the Alexandria, VA firm Ashcraft & Gerel, filed a short-form complaint in the multidistrict Tylenol litigation Nov. 13 on behalf of California resident Corrine Wangler, who claims she became injured because of her use of the common, over-the-counter pain reliever.

The plaintiff says she ingested the drug, which has the active ingredient acetaminophen, for a five-day period from about Nov. 9, 2011 to Nov. 14 of that year.

On Nov. 14, Wangler was diagnosed with acute liver failure and massive necrosis consistent with acetaminophen hepatotoxicity, the lawsuit states.

The injuries are said to be tied to the woman’s ingestion of Extra Strength Tylenol.

The defendants named in the complaint are McNeil PPC Inc., McNeil Consumer Healthcare and Johnson & Johnson.

The suit contains counts of strict liability, breach of implied warranty of merchantability, breach of implied warranty of fitness for particular purpose, negligent failure to warn, negligent design defect, negligence, negligent misrepresentation, breach of express warranty, fraud, fraudulent concealment, and violation of consumer protection laws.

The plaintiff seeks compensatory and punitive damages as set forth in the master Tylenol complaint.

In mid-October, there were just over 100 individual lawsuits in the Tylenol MDL at the Eastern District of Pennsylvania, according to Michael Weinkowitz, a lawyer with the Philadelphia law firm of Levin, Fishbein, Sedran & Berman, which is representing many plaintiffs in the multidistrict litigation.

The federal case number is 2:13-cv-06597-LS. 

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