A recent AAJ article reported that on Sept. 24, Johnson & Johnson’s announced it is voluntarily recalling 57 lots of infants’ and children’s liquid Tylenol [acetaminophen] products because of possible bacterial contamination. All of the products being recalled were made between April and June 2008 and include Children’s Tylenol Suspension 4 oz. Grape, Infants’ Tylenol Grape Suspension Drops 1/4 oz., and Children’s Tylenol Plus Cold/Allergy 4 oz. Bubble Gum. The recall was implemented because one of the inactive ingredients did not meet internal testing requirements. The manufacturer decided to recall all product that utilized any of the raw material manufactured at the same time as the raw material that tested positive for the bacteria.
Serious Injury Threshold Motion Does Not Necessarily Require Doctor’s Affirmation.
December 20, 2013
In Feggins v. Fagard, 52 AD 3d 1221 (4th Dept. 2008) the Court held that in response to a threshold motion plaintiff may rely on unsworn reports and uncertified medical records submitted by defendants or simply referenced in the submitted reports of defendant’s examining physicians.