How Long Will It Take to Settle Tylenol Liver Injury Suits?
Although a growing number of people throughout the United States have filed a Tylenol lawsuit after suffering liver damage, liver failure and in some cases requiring a liver transplant, the litigation remains in the very early stages and it will likely take several years before Johnson & Johnson begins negotiating Tylenol liver injury settlements.
Tylenol was first introduced in more than 50 years ago, and has become one of the most widely used pain killers in the United States. Although it is widely believed that acetaminophen is safe, there are thousands of individuals who have suffered severe and life-threatening liver damage after taking Tylenol as directed by the drug’s label.
It has been known for years that acetaminophen contained in Tylenol is toxic to the liver, yet Johnson & Johnson has continued to sell their blockbuster medication without providing consumers and the medical community with an adequate and accurate warning about the risk of liver damage. As a result, our Tylenol injury lawyers feel confident that individuals who experienced problems will be entitled to receive a settlement.
Common Allegations Raised in Tylenol Suits
Find Out if You or a Loved One May Be Entitled to a Tylenol Settlement?
Tylenol liver failure lawsuits have been brought in both the federal court system and various state courts throughout the country, with common allegations that the drug maker placed their desire for profits before consumer safety by failing to warn about the risk of liver injury from acetaminophen and minimizing the potential side effects of Tylenol.
In April 2013, the U.S. Judicial Panel on Multidistrict Litigation decided to consolidate and centralize all federal lawsuits before one judge for coordinated handling as part of a Tylenol MDL, or multidistrict litigation. As a result, lawsuits filed in U.S. District Courts throughout the country will be transferred to the Eastern District of Pennsylvania for coordinated handling during pretrial proceedings, where they will be handled in a manner similar to how a Tylenol class action suit would proceed.
As part of these consolidated proceedings, a group of six cases will be selected in April 2014 to be eligible for early trial dates, known as “bellwether lawsuits” because the outcomes of these claims often help the parties gauge how juries are likely to respond to certain evidence and testimony that will be offered throughout the Tylenol litigation. The specific case that will be set for the first trial date is expected to be selected in September 2014, with the case likely to go before a jury in late 2014 or early 2015. The preparation and outcome of these early trials may help facilitate possible Tylenol settlement negotiations in other cases.
If Johnson & Johnson does not agree to settle Tylenol lawsuits following pretrial proceedings, it is possible that the drug maker will faces hundreds of individual trial dates in courts throughout the United States.
Factors Considered In Settling Tylenol Liver Damage Cases
Johnson & Johnson has not indicated that they have any present intention of discussing settlements with plaintiffs in who have filed Tylenol cases, but it is expected that they will eventually begin negotiating cases. However, if any offers are made, each individual plaintiff will decide whether to accept the settlement or proceed forward with their case.
Even with the litigation consolidated as part of an MDL, any negotiations to settle Tylenol liver injury claims will be based on what a jury is likely to award in each individual case. If a lawsuit proceeds to trial, a jury will consider the nature of the claimed injury, the severity of the damage and the economic impact of the Tylenol injury.
Some of the common factors that a jury may consider, which will also be evaluated as part of any settlement negotiations, include:
- The extent and duration of the liver injury from Tylenol or acetaminophen;
- The effect that the Tylenol liver damage had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The amount of any past or future medical expenses caused by the side effects of acetaminophen;
- Any lost wages or loss of earning capacity.
FIND OUT IF YOU QUALIFY FOR A TYLENOL SETTLEMENT
To review a potential case for a liver damage, liver failure, liver transplant or wrongful death injury from Tylenol, request a free consultation and claim evaluation. Lawsuits are being reviewed for consumers throughout the United States to determine if they may be entitled to compensation or a settlement for Tylenol problems.