Master Complaint Filed in Federal Tylenol Litigation

June 2, 2013 — The Tylenol Master Complaint (PDF) has been filed in a federal Multi-District Litigation (MDL) that involves dozens of Tylenol lawsuits against Johnson & Johnson and McNeill-PPC. The complaint will serve as a template so all future plaintiffs’ counsel who file a Short Form Complaint will be able to join the litigation more easily. The litigation is expected to grow to include hundreds, and potentially thousands, of claims.

According to the complaint, the potential for Tylenol-induced liver damage and liver failure has been documented and well known for many years. All of the plaintiffs took Tylenol or other products containing acetaminophen and suffered liver damage. The complaint alleges that the drug-maker is liable for the plaintiffs’ physical injuries and other damages because they omitted information about the risk of liver damage.

The complaint makes the following allegations:

• Defendants failed to properly market and design Tylenol
• Defendants over-promoted the safety and effectiveness of Tylenol.
• Defendants failed to warn, properly label, and place adequate warnings on the instructions for Tylenol.
• Defendants failed to adequately test Tylenol.
• Defendants failed to provide timely warnings to customers after the knew about the risk of injury associated with Tylenol.
• Defendants failed to market alternative designs that were capable of preventing the plaintiffs’ injuries.

Lawyers also argue that plaintiffs deserve an award of punitive damages in addition to normal compensation for medical expenses, lost income, and more:

“Defendants’ conduct … was extreme and outrageous. Defendants risked the lives of the consumers and users of their products, including Plaintiffs, with knowledge of the safety and efficacy problems and suppressed this knowledge from the general public.”