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.

Fall Was The Result Of Elevated Related Risk
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.