Trial Date for Tylenol Liver Failure Lawsuit Postponed

Only months before a jury was set to hear evidence in the first federal Tylenol lawsuit, involving allegations that the popular pain killer carried inadequate warnings about the risk of liver failure, the federal judge presiding over the litigation has postponed the case, with no new trial date yet set. 

A complaint filed by Rana Terry was previously selected as the first Tylenol “bellwether” case, with trial set to begin on October 26 over the death of Denise Hayes, who Terry indicates suffered liver damage after using Tylenol.

The case is one of more than 200 similar Tylenol liver failure lawsuits pending throughout the federal court system, which have been centralized before U.S. District Judge Lawrence F. Stengel in the Eastern District of Pennsylvania for coordinated pretrial proceedings as part of an MDL, or Multidistrict Litigation.

The “bellwether” trial was scheduled to help the parties gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout a number of other cases.

In a case management order (PDF) issued July 12, Judge Stengel continued the trial date and vacated all deadlines for motions regarding the use of certain evidence at trial, indicating that the court will confer with counsel about scheduling a new trial date after certain pending pre-trial motions have been resolved.

While the outcome of the bellwether trial will not be binding on other cases, it was being closely watched by those involved in the litigation, as it may help the parties reach Tylenol settlements for individuals who have suffered liver failure or liver damage after use of the acetaminophen-based pain medication.

Concerns About Tylenol and Liver Failure

Tylenol is one of the most widely used painkiller medications in the United States, which has been used by millions of Americans. The medication contains acetaminophen as the active pharmaceutical ingredient, which has been identified in recent years as a leading cause for liver injury in the United States.

All of the complaints involved in the litigation involve similar allegations that Johnson & Johnson knew or should have known for decades that side effects of Tylenol increase the risk of liver damage, yet failed to adequately warn consumers or the medical community.

The lawsuit filed by Rana Terry stems from the death of her sister, Denise Hayes, who began to experience problems after taking Extra Strength Tylenol for about one week in August 2010. Hayes developed acute liver failure following use of Extra Strength Tylenol and died a few days later.

Terry presents claims against Johnson & Johnson and its McNeil Consumer Healthcare subsidiary for strict liability, breach of warranty, failure to warn, designing a defective drug, negligence, negligent misrepresentation, fraud, violating consumer protection laws, fraudulent concealment, loss of consortium, and wrongful death, seeking both punitive and compensatory damages.

Similar to other complaints pending in the Tylenol litigation, Terry alleges that Johnson & Johnson built a false reputation that Tylenol is a safe and effective medications 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.

The FDA has indicated 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.

Judge Stengel issued a separate order (PDF) earlier this week, scheduling a series of status conferences in the Tylenol litigation over the remainder of this year, with the next meeting set for Wednesday, August 26, 2015.