We wrote last month about the $48 million jury verdict returned against McNeil Consumer Healthcare, the Johnson & Johnson subsidiary that makes Motrin. The Defendant will now get a new trial. A California appeals court found that the jury’s findings were “irreconcilably inconsistent.” The appeals court found errors in the way two claims of the Plaintiffs were considered in relation to one another and in the trial court’s instructions to the jury.

McNeil will get a new trial under the court’s ruling. As we wrote in the July issue the Plaintiff, Christopher Trejo, suffered Stevens-Johnson Syndrome and its more severe variation, toxic epidermal necrolysis, after taking Motrin at the age of 16 to treat aches and pains. Trejo, who is now in his mid-20s, suffered pulmonary damage, near blindness and hypoxic brain injury and he claimed that was as a result of complications caused by the syndrome.

The appeals panel remanded the case to the lower court for a retrial on the two failure to warn claims against McNeil. The case on appeal is Christopher Trejo v. Johnson & Johnson et al., (case number B238339) in the Court of Appeal of the State of California, Second Appellate District.

Source: Law360.com

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