Whether punitive damages will be unlimited or not available at all in the bellwether trial for the Tylenol MDL will depend on whether Alabama or New Jersey law applies.
The case, scheduled for trial in June, is one of about 200 in the multidistrict litigation alleging that McNeil, the maker of Tylenol, knew that its drug could cause liver damage at the recommended dosage. It was brought by the sister of a woman who died of liver failure in Alabama in 2010 after taking Tylenol.
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