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Defective Child Safety Caps Expose Children to Danger of Acetaminophen Overdose

July 25, 2011

The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of Rugby Children's Pain & Fever Concentrated Drops because of the failure to comply with child-resistant packaging standards. The recalled product was an over-the-counter medication containing acetaminophen.

The over-the-counter medication is manufactured by Altaire Pharmaceuticals, Inc., of Aquebogue, N.Y and distributed by Rugby Laboratories, Inc., of Duluth, Georgia. A dropper used for dispensing the drug does not comply with child resistant packaging required by the Poison Prevention Packaging Act. The deficient packaging means that a child may be able to access the drug and consume an excessive amount.

Although the medication is an over-the-counter drug, the issue of accessibility to children is significant because acetaminophen overdoses are the leading cause of liver failure in the U.S. Acetaminophen, the active ingredient in Tylenol, and other over-the-counter pain relievers, is the number one cause of acute liver failure in the United States according to the FDA. Over 50,000 visits to emergency rooms, 23,000 hospitalizations and 450 deaths per year are directly caused by acetaminophen.

Recalls of medications related to defective packaging have occurred on multiple occasions in the past. If a medication has defective packaging that is not child-proof the company that manufactures and packages the drug may be liable if a child is injured because of it. An experienced Georgia product liability attorney may be able to file a product liability lawsuit that may be based on strict liability or negligence, depending on the facts of the case.

Many times child-resistant caps on medications like acetaminophen are defective so that children can get access to the contents. Over a million children per year suffer accidental poisoning because child-resistant caps fail to protect children from the toxic substance or medication. Many parents mistakenly believe that child safety caps will be completely effective for all children. The standards imposed for child-resistant caps only require that these caps prevent 80 percent of children under age five from opening the bottle according to the CPSC.

If your child suffers serious injury after accidentally ingesting Tylenol or other medications with acetaminophen or any other medication because of the failure of a child safety cap, you may be able to seek compensation for your child’s injuries. Our products liability attorneys in Georgia represent victims of acetaminophen and other unsafe drugs in Atlanta and throughout Georgia. At Montlick and Associates, Attorneys at Law, we have been representing victims of defective pharmaceuticals for over 39 years. We are available to assist clients throughout all of Georgia including, but not limited to, Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller and rural towns in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at No matter where you are, we are just a phone call away and we will even come to you.

Category: Personal Injury

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.