Liability Lawsuit Bayer Kept Dangerous Product Details Hidden

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Over-the-counter drugs at Woodland Park stores claim to quiet coughs and alleviate pain, among a host of other promises. As consumers, we assume non-prescription drugs are safe, barring any mistakes while taking the medication or known side effects. The search for symptom relief isn’t supposed to hurt you.

A woman developed mouth blisters in January 2013, after taking Alka-Seltzer Plus Cold & Cough Formula two nights in a row. Pain and illness from the blisters grew pronounced the day after the last dose, while the woman was taking a flight for a weekend getaway. The woman sought help the following day from a local clinic at her destination.

The doctor was alarmed by the symptoms and arranged to have a medical helicopter fly the woman to a hospital in her hometown. The physician suspected the patient had a severe but rare skin condition known as Stevens-Johnson syndrome. The disorder destroys the outer layer of skin.

The woman was sedated on the hospital flight and fell into a month-long coma. The patient was diagnosed with toxic epidermal necrolysis, a more pervasive version of Stevens-Johnson syndrome; both conditions are responses to an infection or drug. During the 31-day coma, the patient lost 70 percent of her skin.

The patient filed a product liability lawsuit against Bayer, the non-prescription drug maker, and Wal-Mart, where the product was sold. The plaintiff claims the ingredients in Bayer’s cold medication were responsible for her skin disorder. She alleged Bayer deceived the public by hiding the drug’s known dangers.

Also alleged are breach of warranty, deceptive trade and design defects. The lawsuit requests punitive damages, compensation awarded to sanction defendants for outrageously unsafe practices.

Companies in the chain of production share responsibility for a product’s safety. New Jersey manufacturers are liable for harm caused by dangerous products. Injured consumers have the right to file product liability claims in civil courts.

Source: Courthouse News Service, “Woman Blames Alka-Seltzer for Coma” Mike Heuer, May. 23, 2014

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