LANSING, Mich. (Legal Newsline) – A man who alleged a mislabeled bottle of baby aspirin caused him severe injuries failed to prove the manufacturer, Advance Pharmaceutical, was at fault as an appeals court affirmed summary judgment for the defendant in the product liability case.
Justices Michael J. Riordan, David H. Sawyer and Kathleen Jansen of the State of Michigan Court of Appeals ruled on the case on Jan. 14. The court affirmed summary disposition in favor of Advance Pharmaceutical and against plaintiff David Sutton, who sued the company with claims he suffered injuries after accidentally taking acetaminophen pills that he alleged he thought were baby aspirin that Advance Pharmaceutical manufactured
“The trial court concluded that plaintiff was unable to establish causation or damages relating to his claim and granted summary disposition in favor of the defendant. We agree,” the judges ruled in the opinion.
The judges ruled the plaintiff didn’t meet the requirement of showing causation, whether it was via direct or even circumstantial evidence. He said he destroyed the pills he took along with the bottle they came in, which he said was labeled incorrectly.
He also didn’t provide any actual documentation to back his claims. He even said in his reply brief to the appeals court that he didn’t go see a doctor concerning his alleged issues, so there aren’t any medical records to prove his case either. He also refused to sign documents that would release his medical history.
Additionally, he also didn’t issue any testimonial proof. He was going to have his roommate take the stand, but the judges said that wouldn’t be any more than “lay witness testimony,” according to the opinion.
“[It] does not take the place of medical witness testimony or expert witness testimony that would support plaintiff’s theory of causation,” the opinion states.
Because of this, the appeals court sided with the defendant.
In the ongoing lawsuit, Sutton said he filled a prescription for over-the-counter baby aspirin at a local drugstore and was handed Advance Pharmaceutical medication acetaminophen. The side effects he experienced include “confusion, sweating, extreme fatigue, diarrhea, pain in stomach (especially in upper right portion), irregular heartbeat, and pale stools,” according to the opinion. He said Advance Pharmaceutical should have notified him of the risks of the medicine sold as baby aspirin.