Johnson And Johnson receives Retrial for Motrin lawsuit
J & J Receives New Trial in $48 Million Motrin Case
July 5, 2017
Johnson & Johnson subsidiary McNeil Consumer Healthcare will receive a retrial in a case in which a California man was awarded $48 million after developing a skin condition from taking McNeil’s popular over-the-counter pain reliever Motrin.
The retrial was granted on the grounds that a California appeals court found that the jury’s findings in a previous trial had been inconsistent.
Johnson & Johnson itself was found not to be liable by the appeals court. A jury had previously found the company liable for a design defect in Motrin: using ibuprofen instead of the potential safer dexibuprofen, a decision that is considered more likely to cause the skin condition Stevens-Johnson syndrome. However, the appeals court found that this verdict was inconsistent with federal law.
McNeil, the subsidiary of Johnson & Johnson, has been granted a retrial.
Christopher Trejo’s previously awarded $48 million verdict will now be reconsidered by the courts. Trejo alleges that his case of Stevens-Johnson syndrome was caused by taking Motrin at the age of 16, and that the product was insufficiently labeled to warn consumers of this health risk.
Stevens-Johnson syndrome is a serious skin condition which, as in Trejo’s severe case, can result in pulmonary damage, near-blindness, and hypoxic brain injury. It can also cause severe rashes and blisters.
The complex case remains in court.
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