Court Upholds Finding of Contributory Negligence in Children's Motrin Case

CHICAGO - A federal appeals court has upheld denial of judgment as a matter of law to a plaintiff who was found to be contributorily negligent for continuing to take Children's Motrin after the first symptoms of toxic epidermal necrolysis appeared. Robinson v. McNeil Consumer Healthcare, et al., No. 09-4011 (7th Cir.).

On Aug. 11, the 7th Circuit U.S. Court of Appeals found that the record contained sufficient evidence for a reasonable jury to find that Karen Robinson acted negligently under Virginia and Illinois law.

Karen Robinson alleged that she ingested three doses of Children's Motrin over a three-day period …