Jury Awards Plaintiff $21 Million in Bartlett v. Mutual Pharmaceutical Co., Inc.

Last month we posted an article regarding Bartlett v. Mutual Pharmaceutical Co., Inc., a suit brought in the United States District Court for the District of New Hampshire by a plaintiff who claimed that her use of Sulindac, a generic version of the non-steroidal anti-inflammatory drug ("NSAID") Clinoril, caused her to develop Stevens-Johnson Syndrome ("SJS").  Ruling on motions for summary judgment, the Court refused to grant summary judgment on the plaintiff's strict liability design defect and negligent design defect claims.   At that time, the court concluded that the plaintiff had presented enough evidence to create a trial-worthy issue as to whether the NSAID was unreasonably dangerous and whether that defective condition caused her injuries.

On September 8, 2010, the jury in Bartlett awarded the plaintiff $21 million, finding that the manufacturer should have known that the NSAID was unreasonably dangerous and that the NSAID caused plaintiff's injuries, which included blindness.  The plaintiff demonstrated at trial that Sulindac had been linked with other incidents of SJS and that the rate of SJS occurence among those prescribed Sulindac was higher than those prescribed other anti-inflammatory medications.

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