Design Defect Claim Will Proceed to Trial in Bellwether Tylenol Liver Damage Case

PHILADELPHIA — The Pennsylvania federal judge overseeing a bellwether Tylenol liver damage case has allowed the plaintiff’s design defect claim to proceed to trial, finding she offered sufficient evidence that defendants knew the recommended dose could cause liver damage and that a feasible alternative design existed.

In a Nov. 13 order, Judge Lawrence F. Stengel of the U.S. District Court for the Eastern District of Pennsylvania further ruled that the claim is not federally preempted because defendants were permitted under federal law to change Tylenol’s dosing instructions.

This case, which is part of the Tylenol multidistrict litigation involving claims of …