$33 Million Settlement Reached Over Contaminated Drugs
$33 Million Settlement Reached Over Contaminated Drugs
The state of California will receive $2.3 million out of a $33 million settlement with Johnson & Johnson after it violated several federal regulations for certain drugs including those commonly given to young children. According to a CBS Los Angeles news report, between 2009 and 2011, many of these medications were found to fall short of quality control standards including Tylenol, Motrin, Benadryl, Pepcid, Mylanta and Sudafed. The affected over-the-counter medicines were contaminated and emitted a musty odor, failed to dissolve properly and contained unwanted particulates and bacteria.
Details of the Settlement
California’s Attorney General Xavier Becerra along with 42 other state attorneys general announced this settlement, which resolves allegations that some McNeil-PCC and McNeil Consumer Health Care Division manufacturing facilities failed to follow federal regulations. McNeil is a subsidiary of J&J. The company had issued several recalls during the affected period.
McNeil pleaded guilty in 2015 to federal criminal charges relating to children’s Tylenol that was tainted with metal. The company agreed to pay $25 million in penalties to the U.S. Food and Drug Administration (FDA). As part of the settlement, McNeil will also be required to make sure that its marketing practices do not unlawfully promote over-the-counter drugs. No serious injuries or deaths were reported as a result of these contaminated drugs.
The Danger of Contaminated Drugs
These dangerous and defective drugs were thankfully recalled after numerous consumers complained of black particles and musty odors. However, we know that adulterated drugs can pose significant dangers particularly to vulnerable young children or the elderly who are likely to be more severely affected. The effects of contaminated drugs could range anywhere from a stomach upset to death.
Product manufacturers have a duty and a legal obligation to manufacturer products that are safe and effective. When dangerous drugs cause serious side effects, consumers can file what is known as a product liability lawsuit seeking compensation for any losses they may have sustained. In such cases, consumers also have the right to file what is known as a class action lawsuit to hold these large corporations accountable for their negligence.
An experienced product defect attorney will be able to help you determine the course of action that is appropriate for your case. The best product defect law firms always offer a free consultation and comprehensive case evaluation to victims and their families.
