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Case Notes

By ljnstaff | Law Journal Newsletters

Tylenol MDL Is Settled

A settlement was reached on Feb. 10 between McNeil Consumer Healthcare (a subsidiary of Johnson & Johnson) and more than 200 plaintiffs who claim liver damage from taking the drug maker's product, Tylenol. The defendant drug maker had been unsuccessful last summer in trying to block the testimony of one plaintiff's proposed expert witness, gastroenterologist and hepatologist Dr. Neil Kaplowitz, who was tapped to testify that Tylenol's active ingredient, Acetaminophen, can cause liver damage. U.S. District Judge Lawrence F. Stengel said of Dr. Kaplowitz at that time: “In rendering his general causation opinions, Dr. Kaplowitz considered the totality of the evidence and weighed the available information about acetaminophen-induced” by relying on “his own clinical experience, case reports, [U.S. Food and Drug Administration] documents including an analysis of the FDA's adverse event reports (AERs) database, published clinical studies and case series involving acetaminophen (including a study he coauthored in 2006), and animal studies.” The doctor was thus deemed qualified to offer his expert opinion at trial.

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