Tylenol Settlements for Liver Failure Lawsuits to be Discussed in MDL

The U.S. District Judge presiding over all federal Tylenol lawsuits filed on behalf of individuals who suffered liver failure after using the popular pain medication, has appointed a magistrate judge to conduct a settlement conference in hopes of resolving the litigation.

There are currently more than 216 product liability lawsuits pending against Johnson & Johnson and it’s Ortho-McNeil subsidiary, each involving similar claims that the consumers were not adequately warned about the link between side effects of Tylenol and liver damage.

Given the similar questions of fact and law raised in the cases, complaints filed throughout the federal court system have been centralized for pretrial proceedings before U.S. District Judge Lawrence F. Stengel in the Eastern District of Pennsylvania, as part of an MDL or multidistrict litigation. The process is designed to reduce duplicative discovery, avoid conflicting pretrial rulings and serve the convenience of the parties, witnesses and the courts.

As part of the coordinated litigation before Judge Stengel, a small group of “bellwether” cases have been prepared for early trial dates to help gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation.

A wrongful death lawsuit filed by Rana Terry, over the 2010 death of her sister, Denice Hayes, was originally scheduled for the first trial. That case alleges that Hayes suffered acute liver failure after taking Extra Strength Tylenol.

While Terry’s claim was originally expected to go before a jury last year, it has been delayed several times, and is currently scheduled to begin on September 19, 2016.

In an order (PDF) issued this week, Judge Stengel indicates that all cases in the Tylenol MDL have been referred to U.S. Magistrate Judge Timothy R. Rice for purposes of conducting a settlement conference.

If Johnson & Johnson fails to reach Tylenol settlements to resolve the litigation, it could face a steady stream of trials in the coming years.

Tylenol Liver Risks

Tylenol is one of the most widely used painkiller medications in the United States, which has been used by millions of Americans.

Federal health officials have previously suggested that Tylenol and other acetaminophen drugs may be responsible for more than 50,000 emergency room visits each year, including 25,000 hospitalizations and over 450 deaths annually due to liver failure.

According to allegations raised in the Tylenol liver injury lawsuits, Johnson & Johnson built a false reputation that their pain medication is a safe and effective by withholding important safety information about the risk of liver damage, which may have caused individuals throughout the United States to suffer severe liver failure, often resulting in death or the need for a liver transplant.

Due to a lack of sufficient warnings about the risks associated with Tylenol and it’s active ingredient, acetaminophen, many consumers have not realized the risks associated with using too much Tylenol or combining multiple medications that contain acetaminophen.