Summary Judgment Motions Dismissed in Tylenol MDL Bellwether

thelegalintelligencer.com

On November 13, 2015, U.S. District Judge Lawrence F. Stengel of the Eastern District of Pennsylvania denied Defendant McNeil Consumer Healthcare’s motion for summary judgment in the Tylenol MDL’s first bellwether case.

Defense counsel argued that summary judgment should be granted because the suit was time-barred by Alabama’s wrongful death statute, which demands that such actions must be brought by a personal representative of the deceased within two years of the date of death. Plaintiff, Rana Terry, filed suit on behalf of her deceased sister, Denice Hayes. Although Plaintiff was not the personal representative when the suit was originally filed, she was appointed representative by the time she filed a short-form complaint in federal court. Plaintiff argued that the defense argument was not valid based on her status as representative when the federal claim was filed. Judge Stengel agreed with Plaintiff’s argument.

Additionally, McNeil claimed summary judgment should be granted on the grounds that Alabama’s wrongful death statute is unconstitutional. Alabama’s wrongful death statute allows only for the recovery of punitive damages; the defense argued that without compensatory damages, the jury would not be able to reasonably agree on an amount of punitive damages. Judge Stengel disagreed, stating that compensatory damages are not always a valid means to determine whether punitive damages are excessive.

Finally, the defense contended that Plaintiff’s failure to warn claim should be dismissed, arguing Plaintiff failed to adequately show Hayes’ death would have been prevented had the Tylenol warning label been different. However, Judge Stengel again sided with the plaintiff, pointing to her argument that the Tylenol warning label does not mention the risks of liver damage when consuming the drug while fasting or when malnourished.

The case is: Rana Terry, as Personal Representative & Administrator of the Estate of Denice Hayes, Deceased, v. McNeil-PPC, Inc., Docket No. 2:12-cv-07263

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