Secret Recall Of Children's Tylenol

[Guest guest]

& Inc. (pharma)

136 million " bottles " recalled in April 2010:

http://newyorkcity.injuryboard.com/fda-and-prescription-drugs/jj-secretly-bought-defective-motrin-from-store-shelves-instead-of-issuing-a-recall.aspx?googleid=282210

" Expired bottles " were recalled If you

use Tylenol past the expiration date, they apparently assume you are

liable for their defective drugs.

http://www.nytimes.com/2010/05/02/business/02drug.html

Secret Recall, text copied below:

http://www.readersupportednews.org/news-section2/345-justice/9285-focus-secret-recall-of-childrens-tylenol-sparks-lawsuit

Secret Recall of Children's Tylenol Sparks

Lawsuit

By Joe , Courthouse News Service

05 January 12

n a scorching complaint that cites internal company memos, parents say

their child died because & issued a " phantom or

stealth recall " of tainted Children's Tylenol, buying up the drugs

from stores on the sly without issuing a recall, " so the general

public, ignorant of the dangers, would continue buying and administering

these brand name drugs to their children. "

and Katy say their 2-year-old son River died of liver

failure in July 2010, the day after he took Children's Tylenol.

They sued & , McNeil Consumer Healthcare, Costco and a

long list of others in the chain of supply and distribution, and

third-party contractors who allegedly bought up the over-the-counter

drugs in the " phantom recall. "

" Defendant & , a Fortune 50 Company with $60

billion in annual sales, knew of defects, impurities and contamination in

the children's drugs and, yet, embarked on a 'phantom' or 'stealth'

recall of these drugs to hide these problems so the general public,

ignorant of the dangers, would continue buying and administering these

brand name drugs to their children, " the complaint states.

Katy says she gave Tylenol to her son River on July 22, 2010.

Within 30 minutes, River was splitting up blood and he died the next day

due to liver failure. River's parents claim the Tylenol destroyed his

liver.

They claim the defendants ignored deplorable manufacturing conditions and

had numerous recalls of its products, including its infants and

children's Tylenol.

River's parents claim & and its McNeil subsidiary

hired contractors to secretly go into stores that stocked the tainted

products, buy up all the products and not mention the recall to

anyone.

" This clandestine phantom/stealth recall was done without

notification to the customers or the retailers to avoid the public shame,

the financial impact and regulatory ramifications of a formal

recall, " the complaint states.

It continues: " the purpose of the phantom/stealth recall is

evidenced in an internal email in which a McNeil executive said, 'We are

just trying to prevent a recall and a lot of expended dollars.'

" In another email, a McNeil executive described the success of the

phantom/stealth recall by saying, 'This was a major win for us as it

limits the press that will be seen.'

" On May 27, 2009, defendant Luther sent an email approving the

unethical phantom/stealth recall and instructed, 'Let's make this happen

ASAP.'

" Defendant Luther, who defendant Weldon praised as being a loyal

J & J employee, was not fired for his intimate roll [sic] in the

phantom/stealth recall. "

Weldon is chairman and CEO of & , Luther the president

of its McNeil subsidiary, according to the complaint.

The complaint continues: " At the direction of J & J and McNeil's

third-party contractors, including [defendants] Inmar Inc., WIS

International, and CSCS [Carolina Supply Chain Services], visited various

retail outlets and purchased all of the Motrin IB in the store, acting

like regular customers.

" J & J and McNeil directed their third-party contractors,

including Inmar Inc., WIS International, and CSCS, not to discuss their

purchases as being a recall of the product.

" Indeed, J & J's specific instructions to the contractors hired to

perform the phantom recall indicated that they were to 'quickly enter

each store, find ALL of the Motrin product described, make the purchase

transaction, secure the receipt, and leave ... THERE MUST BE NO MENTION

OF THIS BEING A RECALL OF THE PRODUCT!' [Ellipsis in complaint.]

" J & J and McNeil subsequently misrepresented to the FDA that

their third-party contractors were merely performing an audit of

retailers to determine whether McNeil should initiate a formal

recall.

" The FDA eventually became aware of the phantom/stealth recall when

it received a copy of an internal memo containing the above instructions

and confronted McNeil regarding those activities.

" On July 9, 2009, as a result of the above, McNeil publicly recalled

the Motrin IB, at a delay of approximately 8 months.

" This phantom/stealth recall, in part, spurred the House Committee

on Oversight and Government Reform to conduct a congressional

investigation and hold two separate congressional hearings in

2010. "

But River's parents say it was too little, too late for their

son.

" & and its highly compensated executive knew of

the problems with their products, and instead intentionally decided to

gamble with River 's life because they were more concerned with

company profits and meeting the Wall Street analysts' earnings

projections, than the health and safety of American children, " the

complaint states.

" As a result, the contaminated Children's Tylenol, which never

should have been on the market in the first place, caused River 's

liver failure and death. "

River's parents seek punitive damages for product liability,

recklessness, breach of warranty, negligent infliction of emotional

distress, violation of consumer protection law, civil conspiracy and

wrongful death. They are represented by Sweeney with Messa &

Associates.

Defendants include & , McNeil-PPC Inc., McNeil

Consumer Healthcare, McNeil Consumer & Specialty Pharmaceuticals - a

division of McNeil PPC Inc., Costco Wholesale Corporation, Inmar Inc.,

Carolina Supply Chain Services, Carolina Logistics Services, WIS

International and eight & officials.

Sheri Nakken, former R.N., MA, Hahnemannian

Homeopath

Vaccination Information & Choice Network, Washington State, USA

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