One of the more difficult situations Pennsylvania parents can experience is when their young children get sick. Children, being young and sensitive, can be hard to medicate. For this reason, medicine specifically designed for children is used. However, like all medicines, there may be side effects that can be detrimental to the children’s health, and in a worst case scenario, can even lead to their deaths. A lawsuit claiming that a child lost his life because of taking a particular drug could highlight the need to investigate such medicines.
In 2012, parents of a two-week old boy filed a lawsuit in Pennsylvania against Wal-Mart, Johnson & Johnson and McNeil-PPC Inc, after their child died following the use of Infant’s Tylenol. According to the lawsuit, the child’s mother gave the boy the drug based on a doctor’s advice. Soon after taking the drug, the infant began vomiting blood. The boy was then transported to a hospital, where he later died of liver failure. The lawsuit cited negligence on the part of the drug manufacturer for not addressing adverse reactions to the drug and manufacturing defects.
The drug was recalled in 2010 by the drug company, one year after the infant’s death. However, a federal judge has ruled that the lawsuit is legitimate and can proceed at this point. One stumbling block for the case, however, is the one-year statute of limitations for such cases. Nonetheless, parents of the child are confident that the discovery rule will be enough to overcome the statute of limitations.
Faulty products can be subject to a product liability lawsuit if a person who used the product is injured. A Pennsylvania product liability attorney can help a victim investigate the possible merits of the case. Additional claims may be filed if a victim died because of the defective product. Family members can choose to make these claims on behalf of a deceased victim.
Source: Courthouse News Service, “Horrifying Claims Over Baby’s Death Advanced,” Rose Bouboushian, June 20, 2014