Maya v. Johnson & Johnson

97 A.3d 1203
CourtSuperior Court of Pennsylvania
DecidedJuly 22, 2014
StatusPublished
Cited by48 cases

This text of 97 A.3d 1203 (Maya v. Johnson & Johnson) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maya v. Johnson & Johnson, 97 A.3d 1203 (Pa. Ct. App. 2014).

Opinion

OPINION BY

FORD ELLIOTT, P.J.E.:

McNeil-PPC, Inc., appeals1 from the [1208]*1208order of January 6, 2012,2 entering final judgment for plaintiffs/appellees for $10 million, plus statutory post-judgment interest, in this pharmaceutical failure to warn case. After careful review, we affirm.

The trial court has aptly summarized the facts of this case as follows:

The salient facts which occurred within a week’s span of time and the procedural history, as defined by the pleadings, memoranda, trial testimony and exhibits, can be summarized as follows:
On Saturday, November 25, 2000, Brianna Maya (Brianna) was a three-year old girl residing with her parents [sic] in Martin, Tennessee. That evening, she attended a play with her grandmother, Marilyn Crist, who testified that during the intermission, she called her daughter, Alicia E. Maya (Brianna’s mother/Ms. Maya), inquiring whether she should take Brianna home since the child was coughing and felt slightly warm. To not disappoint her daughter, Ms. Maya advised her mother to stay and watch the rest of the play. When she arrived home around 10:30 p.m., Ms. Maya gave Brianna a dose of over-the-counter (OTC) Children’s Motrin, a medication manufactured by Defendant McNeil, for the fever that had developed.
Early Sunday morning, November 26, 2000, Ms. Maya was awoken by Brianna, who was still feverish. She gave Brianna a second dose of OTC Children’s Motrin. Around 4:00 p.m., Ms. Maya noticed a rash on Brianna’s neck near the top of her chest. She did not perceive this rash to be a life-threatening allergic reaction since Brianna had experienced a similar rash sometime in February 1999. This time, however, Brianna’s eyes were pinkish. A third dose of OTC Children’s Motrin was given to Brianna after Ms. Maya spoke with Susan Brewer, M.D., Brianna’s pediatrician, who instructed her to alternate OTC Children’s Motrin with OTC Children’s Tylenol. Throughout the day, Brianna was given two additional doses of OTC Children’s Motrin, alternated with OTC Children’s Tylenol for her fever.
Ms. Maya testified that prior to administering the OTC Children’s Motrin to Brianna, she read the label and dose instructions. She recalled that the warnings on the label indicated that “hives, wheezing, facial swelling, or shock” could result from consuming OTC Children’s Motrin, and to “call your doctor” if symptoms persisted.
Due to Brianna’s persistent fever, Ms. Maya decided Brianna should be examined by Dr. Brewer. On Monday, November 27, 2000, Sean Maya, Brianna’s father, took his daughter to Dr. Brewer, who examined and diagnosed Brianna with mycoplasma pneu[1209]*1209monia, and prescribed Pediazole. Ms. Maya picked up the prescription later that day and when she arrived home around 6:00 p.m., she found Brianna screaming, crying, and complaining that her “pee pee hurt.” Ms. Maya observed that Brianna’s eyes were red with a runny discharge and that she had a fever, red lips, and a collar of red rash on her chest. After carefully reading the dosing instructions, Ms. Maya gave Brianna a dose of the Pe-diazole antibiotic, and continued alternating OTC Children’s Motrin and OTC Children’s Tylenol throughout the evening. Ms. Maya testified that if the warnings on the Children’s Motrin label had advised to “stop use” upon presentation of certain symptoms, she would have done so.
On Tuesday morning, November 28, 2000, Brianna was rushed to Volunteer Hospital in Martin, Tennessee, with a rapidly spreading rash over her entire body, her eyes red with discharge, and blisters on her mouth, chest and vaginal area. On Dr. Brewer’s recommendation based upon the severity of her worsening condition, Brianna was emergently transferred to Lebonheur’s Children’s Hospital in Memphis, Tennessee, later that same day.
By the early morning hours of Wednesday, November 29, 2000, Brianna’s rash had developed into blisters that rapidly spread and erupted all over her body and her eyes had swollen shut. Because of the increased risk of infection from so many open blisters and wounds, Brianna underwent several debridements (forcefully sloughing off the skin using a highly abrasive material), requiring skin grafts of either pigskin or cadaver skin to protect the exposed underlying skin. Brianna quickly deteriorated and was monitored in the intensive care unit for rapidly decreasing blood oxygen levels.
On Friday, December 1, 2000, a medical decision was made to transfer Brianna to Shriner’s Burn Hospital in Texas, which occurred around midnight via a private jet plane. Upon arrival at Shriner’s Hospital, approximately 84.5% of Brianna’s total body surface was covered with open, burn-like wounds. (In the presentation of the evidence, the jury was shown numerous photos of Brianna taken contemporaneously with the treatment rendered).
For several days, Brianna’s symptoms continued to worsen and she experienced a drop in blood pressure, hypoxia (decreasing oxygen), fluid in her lungs, which had to be continually suctioned out, and internal bleeding, which required multiple blood transfusions. Her open wounds covered the majority of her body to such an extent that family members could only touch the tip of one unaffected toe. Brianna was sedated to help the healing process and relieve the excruciating pain.
Arthur Peter Sanford, M.D., the primary treating burn surgeon at Shriner’s Burn Hospital, testified that approximately nine days after the first onset of symptoms, the medical staff determined that the possible cause of Brianna’s condition was the ingestion of OTC Children’s Motrin (pediatric ibuprofen). Dr. Sanford testified that Brianna’s condition was diagnosed as toxic epidermal necrolysis (TEN), described as an especially severe form of Stevens Johnson Syndrome (SJS), a [1210]*1210rare but life-threatening disease that causes severe blistering and sloughing off of skin, together with serious damage to the mouth, eyes, throat, and esophagus. Treatment for the disease is similar to that given burn victims, as the separation of the top layer of skin from the deeper layers of skin, is akin to a second-degree or partial-thickness burn.
Brianna remained hospitalized at Shriner’s Burn Hospital until December 16, 2000. Thereafter, she was discharged to the Ronald McDonald House adjacent to the hospital where she remained until December 19, 2000, at which time she and her family returned to Martin, Tennessee. However, because TEN affected the mucus membranes of Brianna’s eyes requiring specialized treatment, the family relocated to Clearlake, Texas.
Scheffer Tseng, M.D., Brianna’s treating ophthalmologist since 2002, opined that Brianna suffered severe eye damage as a result of the TEN reaction as early as December 3, 2009. Dr. Tseng described part of the eye injuries as adhesion and scar tissue on and between the eyelid and the eyeball, which occurred after the skin sloughed off, causing difficulty with blinking and fully closing the eyelids. Dr. Tseng stated that because of the constantly changing nature of the eyes, a TEN reaction is ongoing and that there is no cure for Brianna’s ocular damage or blindness.
Brianna has undergone 16 eye surgeries, all reportedly necessitated because of complications of the TEN reaction.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mirabella, J. v. St. Joseph's University, and M.W.
Superior Court of Pennsylvania, 2026
Grossman Group v. USA Construction Group
Superior Court of Pennsylvania, 2026
Hagans, D. v. Hosp. of the University of PA
2025 Pa. Super. 142 (Superior Court of Pennsylvania, 2025)
DiMeo, F. v. Gross, P.
Superior Court of Pennsylvania, 2025
Watson, T. v. Brown, V.
Superior Court of Pennsylvania, 2025
Brown v. Fisher-Price, Inc.
Superior Court of Delaware, 2024
Bloom, J. v. Deutsche Bank National Trust Company
Superior Court of Pennsylvania, 2024
Com. v. Femi, D.
Superior Court of Pennsylvania, 2023
Chavers, K. v. 1605 Valley Center Pky
Superior Court of Pennsylvania, 2023
Tyler, C. v. Hoover, R.
Superior Court of Pennsylvania, 2023
Huertas, D. v. El Bochinche Restaurante
Superior Court of Pennsylvania, 2023
Goodling v. Johnson & Johnson
M.D. Pennsylvania, 2022
Heddleston, B. v. Obstetrical and Gynecological
Superior Court of Pennsylvania, 2021
Estate of Anna Marie Leipold
Superior Court of Pennsylvania, 2021
Onyshko, M. v. National Collegiate Athletic
Superior Court of Pennsylvania, 2021
Creighton, A. v. Kiddie Academy of Plumsteadville
Superior Court of Pennsylvania, 2020
K.M. v. P.L.
Superior Court of Pennsylvania, 2020
Quivers, S. v. Manzetti, G.
Superior Court of Pennsylvania, 2019
Davis, J. v. Volkswagen Group of America, Inc.
Superior Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
97 A.3d 1203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maya-v-johnson-johnson-pasuperct-2014.