Elsroth Ex Rel. Estate of Elsroth v. Johnson & Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that plaintiff cannot demonstrate that had the manufacturer eliminated gelatin capsules the third party criminals would not have poisoned tablets or caplets instead
• rejecting as a matter of law the plaintiffs contention that the packaging of the Tylenol was defective
• “Simply put, this tragedy would have occurred whether or not there had been a warning ..., and the claim, therefore, must fail”
• “there exists no common-law duty requiring drug manufacturers to design their products in such a way as to anticipate and frustrate criminal tampering.”
• “[W]e are particularly mindful of Professor Pros-ser’s observation that ‘no case has been found where the defendant’s act could be called a substantial factor when the event would have occurred without it.’ ”

Source: CourtListener parenthetical corpus (CC0).