Tylenol Plaintiff May Seek Damages Under Alabama Wrongful Death Statute, Pa. Federal Judge Rules

PHILADELPHIA — A Pennsylvania federal judge has denied a summary judgment motion by Johnson & Johnson and its subsidiary on a wrongful death claim asserted in a Tylenol liver damage case, ruling that Alabama’s wrongful death statute is not facially unconstitutional.

In a Nov. 13 order, Judge Lawrence F. Stengel of the U.S. District Court for the Eastern District of Pennsylvania found the formula for determining wrongful death damages under the statute passes muster under the Due Process Clause.

In this action, which has been chosen for the first bellwether trial, Alabama resident Rayna Terry claims that her sister, …