The Massachusetts Supreme Judicial Court has affirmed judgement for a family awarded a total of $63 million in damages – including $13 million for loss of consortium — following a child’s severe reaction to multiple doses of Children’s Motrin.
Contrary to points asserted by drug manufacturer/defendant, the Supreme Judicial Court found the failure to warn claim was not preempted by the Federal Food, Drug and Cosmetic Act, that a pharmacologist who testified as to causation evidence was qualified to do so, and that damages awarded to the child and each of her parents were not grossly excessive or unsupported by the record.
This is a tragic tale of what can happen when medical labels we trust don’t contain the information we need. It’s also an important case in that it reaffirms that just because a company has deep pockets and extensive resources doesn’t mean it will prevail in civil court. The civil court system is one of the few places victims can expect an even playing field, and where large companies can be held accountable for failing to uphold its duties to consumers.