Media Contacts: FOR IMMEDIATE RELEASE
Joseph L. Messa, Jr.
jmessa@messalaw.com
215.568.3500
Thomas N. Sweeney
tsweeney@messalaw.com
215.568.3500
Irene M. McLafferty
imclafferty@messalaw.com
215.568.3500
Messa & Associates, P.C.
Johnson & Johnson Sued for Tainted Children’s Tylenol Death of Two-Year Old Child Even after Recall, Company Downplayed Risks to Congress
PHILADELPHIA, PA: Johnson & Johnson, key executives and subsidiary companies have been sued in the Philadelphia Court of Common Pleas for the death of a two-year old boy, River Moore, after he ingested tainted Very Berry Children’s Tylenol. The company, despite knowing of the problem with the manufacture of the drug, did not issue a comprehensive and wide-spread recall of the defective Children’s Tylenol and repeatedly downplayed any risks even after hearings before House Committee on Oversight and Government Reform. Philadelphia-based law firm of Messa & Associates, P.C. filed the Children’s Tylenol lawsuit on behalf of River’s parents, Daniel and Katy.
“This is a tragic case where a multi-billion dollar company put its profits and reputation above the life of a child,” said Attorney Joe Messa today. “They knew there was a problem with the quality of the drugs being manufactured — including Children’s Tylenol — but not only did they fail to issue a wide-spread recall, but they repeatedly claimed there wasn’t a real problem. If they had done the right thing, River would be alive today.
On July 22, 2010, River Moore’s parents gave him a dose of Very Berry Children’s Tylenol after he developed a slightly elevated fever. Within 30 minutes, River began spitting up blood as his liver was being destroyed by the tainted drug. River died the next day, July 23, 2010. The Children’s Tylenol had been manufactured by McNeil, a subsidiary of J&J located in Fort Washington, Pennsylvania.
McNeil has a long history of quality control problems dating back to at least 2004, and admitted to a “stealth” recall of at least one product after it was found to be deficient. In the three years preceding the death of River Moore, the Fort Washington McNeil plant was repeatedly criticized by the FDA for its shortcomings before being shuttered permanently in April 2010. At least 40 products manufactured at McNeil plants have been recalled in recent years, including the largest recall of children and infant medicine in history.
On May 5, 2010, as a direct result of the April 30, 2010, recall of Children’s Tylenol and other children’s Medicines, the House Committee on Oversight and Government Reform opened an investigation and held two public hearings. In testimony before the Committee on May 27, 2010, Colleen A. Goggins, Worldwide Chairman of the Johnson & Johnson Consumer Group, admitted that the company had “not lived up to [its] responsibility” to “the doctors, nurses, and patients, to mothers and fathers, and all others who use our products and services.” In the September 30, 2010, hearing William C. Weldon, Chairman and CEO of J&J, apologized for not maintaining “high quality standards” and “let[ting] the public down”, He said he accepted “full accountability for the problems at McNeil.” Both Mr. Weldon and Ms. Goggins downplayed the risks the public faced from the tainted products, however.
However, the FDA, in prepared testimony presented at the May 27, 2010, Congressional hearing, noted that “neither upper management at Johnson & Johnson nor at McNeil assured timely investigation and resolution of the issues.” Ms. Moore purchased the tainted Tylenol from the local Costco sometime before the Congressional investigation was opened.
“The death of River Moore was a tragedy,” said Attorney Messa in closing. “It was as predictable as it was preventable and Johnson & Johnson, its executives, and its subsidiaries and sellers need to be held accountable for this death.”
About Messa & Associates, P.C.
Messa & Associates P.C., represents individuals and their families in complex personal injury matters, including catastrophic injury, medical malpractice, product liability, motor vehicle accidents, fires and explosions. Our attorneys serve Pennsylvania clients throughout the state, including in Philadelphia and other surrounding communities in Montgomery County, Chester County, Delaware County, and Bucks County. Messa & Associates are also proud to serve New Jersey clients throughout that state, and also litigate selected cases throughout the country.
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