A man who developed Toxic Epidermal Necrolysis (TEN), a debilitating skin condition, after taking Motrin can seek punitive damages against the manufacturer. According to a California court, there are triable issues which could evidence “despicable conduct or conscious disregard for safety†by Motrin's maker McNeil Pharmaceutical – a division of Johnson & Johnson (J&J).
Motrin Lawsuit Highlights Drug Makers' Disregard For Safety
This product liability lawsuit highlights an issue that many injured victims, and courts, face – drug makers' conduct and regard for the safety of their patients. In this case, a 15 year old California teen took Johnson & Johnson's over-the-counter drug, Motrin – a common ibuprofen pain reliever used to reduce fever and treat pain or inflammation caused by headache, toothaches, back pain etc. As a result, he developed a serious side effect known as Toxic Epidermal Necrolysis (TEN) – a rare and sometimes life-threatening condition which is characterized by the detachment of the top layer of skin from the lower layers of skin all over the body. TEN is also called Steven Johnsons Syndrome (SJS).
Injured TEN Victim May Get Punitive Damages
He filed a product liability lawsuit against the manufacturer alleging that the company not only failed to provide him with adequate warnings about the possibility of developing TEN, but that it should also be liable for punitive damages because evidence showed that the manufacturer knew about the possibility of developing TEN for years and never warned consumers.
Although Johnson & Johnson claimed that it could not be liable for punitive damages because the U.S. Food & Drug Administration (FDA) had approved the drug's labeling, the California Court of Appeals, which affirmed a lower court's ruling, held that the issue of punitive damages rests on the manufacturer's conduct of ensuring that drugs are adequately labeled – and not the FDA's.
Many product liability lawyers say that drug manufacturers have hidden behind the FDA in order to avoid liability – even when they've known that their products or medical devices should contain stricter warnings.
Many manufacturers are facing similar TEN / SJS lawsuits in which they could be liable for millions and millions of dollars even without punitive damage awards – so this is definitely a case to watch – especially because these diseases have been linked to so many drugs such as:
Do You Have A TENS Lawsuit / SJS Lawsuit?
Regardless of how this case turns out, anyone who developed TENS or SJS after taking a medication should contact an experienced TEN injury lawyer to discuss their situation and determine whether filing a TEN lawsuit might be in their best interests. Courts have awarded injured victims millions of dollars in compensation to date. Make sure you get the compensation you deserve.