May
2023
Court Denies Motions to Dismiss in Case Against Distributors of Acetaminophen
On April 20th, federal District Court Judge Denise Cote denied the motions to dismiss in Dovel & Luner’s case against distributors of acetaminophen. The lawsuit alleges that Johnson & Johnson, Wal-Mart, and others failed to warn pregnant women about the risks of prenatal exposure to acetaminophen, which has a demonstrated link to autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD).
In the decision, Judge Cote ruled that the plaintiffs’ product liability claims were not preempted by federal drug laws. The Court rejected the arguments made by J&J and retailers, stating that “the dispositive question is: could JJCI have added a truthful warning about the risks of in utero exposure to acetaminophen labels without violating federal law? The answer is yes.”
“This is a major step forward in getting justice for our clients and changing the distribution of acetaminophen,” said Greg Dovel of Dovel & Luner.
CONTACT:
Jenny Elliott
jenny@dovel.com
SOURCE Dovel & Luner, LLP
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