In California, an appeals court has ruled in favor of a plaintiff filing a punitive damages claim against Johnson & Johnson, the makers of Motrin. The lawsuit claims that Johnson & Johnson failed to properly warn the public about the potential for Motrin to cause the sometimes-life-threatening condition Stevens-Johnson syndrome (SJS) and its more dangerous form, Toxic Epidermal Necrolysis (TENS).
Originally, Johnson & Johnson tried to appeal the decision, but its appeal was rejected by the Court of Appeals for the State of California, Second Appellate District. The rejection was published last week. The appellate court stood by the lower court’s ruling that paved the way for the plaintiff involved in the Motrin suit to go after the punitive damages because it was felt that the drug giant’s refusal to properly warn the public against SJS and TENS constituted malice.
Christopher Trejo filed this lawsuit in 2008. He had suffered from Stevens-Johnson syndrome after taking Motrin when he was just 15. His lawsuit claims that Johnson & Johnson and its subsidiary, McNeil Consumer Healthcare, didn’t properly warn him that he could contract SJS or TENS on the label. Trejo was trying to receive compensation for damages because of it, but Johnson & Johnson claimed that it couldn’t be held liable for punitive damages because the FDA approved the labels.
This attempt to pass the buck didn’t work, however, because according to a Supreme Court ruling in a 2009 lawsuit against Wyeth, it is the company’s responsibility to properly warn the public about the potential dangers of their products despite the fact that the FDA only requires the bare minimum when determining approval. Trejo’s lawsuit also claimed that the drug company didn’t provide all of the details to the FDA about study results that showed that Motrin could lead to SJS or TENS when it was trying to get Motrin approved to be sold as an over-the-counter medication.
If you are suffering from SJS or TENS due to using Motrin, you may be entitled to compensation. Call Greg Jones today for a free consultation. I will fight hard to get you every dime that you may be entitled to.
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