After the death of their two year old son, Daniel and Katy Moore of Ellensburg, Washington claim Very Berry Strawberry to be the culprit in River Moore’s liver failure. The infant showed symptoms of infection only 30 seconds after ingestion of the medicine, when he started to cough up blood.
Allegedly, the liquid medication contained excessive amounts of acetaminophen, which can be harmful to an infant’s organs. Testing was authorized by the family, which has ruled out viruses or other medical conditions as the cause of death.
According to USA Today, a lawsuit has been filed accusing Johnson & Johnson of “recklessness, negligence, breach of warranty, infliction of emotional distress, conspiracy” and more. In response to these allegations, Johnson & Johnson has publicly stated that it is “deeply concerned about all matters related to our medicines and will remains committed to providing safe and effective pediatric medicines.” If the family prevails in the civil suit, Johnson & Johnson faces unspecified compensatory damages.
Wrongful death actions are lawsuits brought on behalf of a deceased person’s beneficiaries, alleging that death was attributable to the willful or negligent act of another. States across the country have their own wrongful death statutes, providing causes of action that may be brought by the decedent’s personal representative, for the benefit of certain beneficiaries, such as spouses, parents and children.
If your family has experienced such a tragedy, please contact us. If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.
By James A. Swartz of Swartz & Swartz, P.C. – Permalink