Infant Tylenol Case to Remain in Pa. Federal Court

PHILADELPHIA — A Pennsylvania federal judge has refused to remand an Infant’s Tylenol case, ruling that the non-diverse defendants, all directors and officers of Johnson & Johnson and McNeil-PPC, were fraudulently joined.

On Jan. 29, Senior Judge Robert F. Kelly of the U.S. District Court for the Eastern District of Pennsylvania found the allegations against the D&O defendants do not amount to acts of misfeasance.

Nevada residents Stacy and Neil Sherfey sued Johnson & Johnson and McNeil-PPC in the Philadelphia County Court of Common Pleas, alleging their infant son Tracen’s death was caused by Infant’s Tylenol. On Feb. 16, 2009, …