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Infant's Family Files Tylenol Death Lawsuit

By Stephanie Rabiner, Esq. on April 18, 2012 8:34 AM

Johnson & Johnson and subsidiary McNeil PPC have been hit with a Tylenol death lawsuit. The parents of 2-month-old Markus Cherry have accused the companies of negligent manufacturing, selling a defective product, misrepresentation and consumer fraud.

A healthy Cherry died in April 2010 just three days after being given Concentrated Tylenol Infant Drops. Tests concluded that the medication had been contaminated with harmful bacteria.

Cherry's death led to a nationwide recall of 40 different types of infants' and children's medications, according to CBS. The Food and Drug Administration also investigated McNeil's Pennsylvania plant.

That plant had been cited for quality-control violations prior to the infant's death. In February 2010, officials met with Johnson & Johnson management about its operation. After the April 2010 incident, the FDA issued a report accusing the companies of failing to investigate 46 consumer complaints.

Training and lab facilities were also found to be lacking.

Allegations made in the Tylenol death lawsuit get worse. The Cherrys accuse the drug manufacturers of trying to cover up widespread contamination, explains the Chicago Tribune. Instead of issuing a recall, they claim Johnson & Johnson and McNeil hired a private company to buy up the entire stock from retailers.

Even without this terrifying allegation, the Cherrys have a very solid suit. The Food and Drug Administration has created a detailed record of the plant's problems, providing proof that managers ignored known dangers. Based on this evidence alone, this blogger predicts that the Tylenol death lawsuit will settle long before it ever gets to trial.

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