Plaintiff Acted Negligently in Disregarding Symptoms, Judge Rules

CHICAGO - A federal judge has denied judgment as a matter of law to a plaintiff who was found to be contributorily negligent for continuing to take Children's Motrin after the first symptoms of toxic epidermal necrolysis appeared. Robinson v. McNeil Consumer Healthcare, et al., No. 07-5603 (N.D. Ill.).

On Nov. 16, Judge James Holderman of the U.S. District Court for the Northern District of Illinois ruled that the record contained sufficient evidence for a reasonable jury to find that Karen Robinson acted negligently under Virginia law.

Robinson alleged that she ingested three doses of Children's Motrin over a three-day …