Nevada’s Discovery Rule Prevents Dismissal of Infants’ Tylenol Death Case, Pa. Federal Judge Rules

PHILADELPHIA — A Pennsylvania federal judge has refused to dismiss wrongful death and negligence claims brought against the makers of Infants’ Tylenol, finding Nevada’s discovery rule is applicable to these claims, therefore plaintiffs have the opportunity to establish that the statute of limitations was tolled.

On June 10, Judge Robert F. Kelly Sr. of the U.S. District Court for the Eastern District of Pennsylvania further ruled that the issue of whether any of plaintiffs’ claims are barred by Nevada’s two-year statute of limitations is premature because discovery has not yet taken place.

Nevada residents Stacy and Neil Sherfey sued …