Parents Blame Contaminated Tylenol for Death of Their Infant Son

April 2012: The parents of a Chicago three-month-old baby boy have filed suit after their son died from taking a contaminated dose of infant-formula Tylenol. The lawsuit was filed in Cook County naming McNeil PPC and Johnson & Johnson as defendants.

The Chicago Tribune reports that the parents, Malgorzata and Michael Cherry, took their son for a check-up in April 2010. At that time, he was prescribed Tylenol to deal with any possible discomfort following the shots. The baby boy left the doctor’s office in good health, but soon afterwards became ill. He died three days later.

Following an investigation, the Food and Drug Administration (FDA) discovered bacteria had contaminated the drugs. A recall for Tylenol Infant Drops was then called. The lawsuit further claims that Johnson & Johnson hired a private company to buy up the whole remaining stock of the contaminated medication from retailers.

Called a “stealth recall”, this practice makes it possible for the company to avoid a public recall. It also means that a formal warning to consumers, alerting them of the danger, is not given.

The lawsuit alleges seven counts including negligent manufacturing, liability for defects and failure to warn consumers, misrepresentation and consumer fraud. $350,000 in damages is sought.

The FDA found the source of the contamination at the Fort Washington, PA plant. The FDA had previously cited this plant for many quality-control violations. It was temporarily shut down following the boy’s death.

Earlier this year, Johnson and Johnson recalled another line of Tylenol designed for infants. However, the reason was a faulty bottle design.

The Memphis dangerous drug lawyers at Bailey & Greer offer sincere condolences to the Cherry family and wish them the best in their upcoming court case.