Manufactures have a duty to protect vulnerable consumers from death or bodily injury from defects in their products. This notion is contained in a body of law known as “products liability.” Products liability law results in a type of civil injury that differs from a typical private lawsuit in that the manufacturer or corporation is not offered a defense against the injured plaintiff with respect to whether the corporation exercised due care in producing the item. To put it simply, if the product injured someone, the company is liable. Period.
There is probably no area of law with more products liability litigation than pharmaceutical products liability. Pharmaceutical companies are constantly involved in complex lawsuits and class actions against plaintiffs claiming serious bodily injury or death as a result of taking the product over months or years. Common class actions against pharmaceutical companies in today’s headlines include Avandia, Paxil, Yaz and DePuy hip replacements.
In today’s news, a massive recall has been issued for bottles of Tylenol that are suspected to contain a musty odor and hints of mold. The pain relievers, issued by constant-litigator Johnson & Johnson, have been pulled from the shelves and nearly 61,000 bottles of a 2009 batch are affected by the recall. Consumer complaints began flooding the company after users complained of nausea after taking the OTC medication.
Johnson & Johnson has faced similar recalls and FDA warnings for its products; both OTC and prescription. One of its production facilities was shut down after federal inspectors found evidence of mold, filth and rodents. Based on these past recalls, the odor is thought to be attributed to the chemical compound 2,4,6-tribromoanisoles, or TBA. TBA does not harm the body but may be linked to mild gastrointestinal problems.
The lot number for this recall is: 300450444271. For those interested in contacting the company for more information, do not hesitate to contact the company for a refund or coupon at: 888-222-6036.
