At least one woman’s lawsuit against McNeil Consumer Healthcare, the makers of Children’s Motrin, was thwarted when a judge declared her Stevens-Johnson syndrome as partially her own fault.
Karen Robinson decided to sue the makers of Children’s Motrin after she claims that the drug led to her getting Stevens-Johnson syndrome. Judge Richard Posner of the U.S. Seventh Circuit Court of Appeals wrote that Robinson’s own contributory negligence was at least partially to blame for her condition. This is based on the fact that when Karen first noticed that she was potentially having an adverse reaction (she developed a rash), she continued to take the Motrin. Motrin’s label states that you shouldn’t keep taking the drug if you are experiencing any of the symptoms that may show that you are allergic to it. Rash is noted as one of the symptoms.
After she developed Stevens-Johnson syndrome, Robinson sued McNeil under the claim that she was not properly warned ahead of time that she could suffer from Stevens-Johnson syndrome and that this information was not on the bottle. Judge Posner’s ruling included the fact that McNeil couldn’t possibly list every possible adverse side effect to taking the drug because “the resulting information overload would make label warnings worthless to consumers.”
He also ruled that because Robinson kept on taking the drug even after her symptoms started, she was more responsible for her Stevens-Johnson syndrome than the company was because she was negligent in continuing with the medication.
Stevens-Johnson syndrome is caused by a severe allergic reaction to prescription medications. The first symptoms of the condition include flu-like symptoms, red or purplish rash, painful skin and painful blisters on the mucus membranes on the eyes, nose, mouth and genitals. If you are suffering from any of these symptoms after taking medication, contact Greg Jones today. I specialize in Stevens-Johnson syndrome cases and may be able to help you file a claim.