CHICAGO (CBS) — The makers of Tylenol are facing a new lawsuit filed by an Illinois family on an old recall.
As WBBM Newsradio’s David Roe reports, Malgorzata and Michael Cherry say before their son, Markus, was given grape-flavored Concentrated Tylenol Infant Drops in 2010, he was a healthy 2-month-old child.
LISTEN: WBBM Newsradio’s David Roe reports
They claim after his death three days later, testing confirmed the presence of harmful bacteria in the Tylenol he ingested.
Johnson & Johnson, which makes Tylenol, recalled that and 40 other types of children’s and infants’ medications 13 days after Markus’ death.
Food and Drug Administration inspectors allegedly found manufacturing and contamination problems at the McNeil Consumer Healthcare plant in Fort Washington, Pa., where the medication was made. The FDA previously found quality-control violations at the same plant, the suit alleges.
The Cherrys blame Johnson & Johnson in the suit for not responding adequately to previous warnings from drug safety officials and for not giving consumers enough warning about the products.
The plant was shuttered in the wake of the recall, and will remain closed until 2013, its CEO said earlier this year.
The suit indicates the baby took the medication in Illinois, but doesn’t specify where the family lives.
The seven-count suit claims negligent manufacturing, liability for defects and failure to warn consumers, misrepresentation and consumer fraud. It seeks at least $350,000 in damages.
The Sun-Times Media Wire contributed to this report.
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