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Friday, February 20, 1987 / University Daily Kansan
Family of cyanide victim files lawsuit
United Press International
WHITE PLAINS, N.Y. — The family of a woman who was killed by cyanide-laced Tylonel filed a $4.5 million lawsuit yesterday against Johnson and A&P for alleged negligence and disregard for public safety.
The suit, filed in state Supreme Court by the family of Diane Elsroth, named Johnson & Johnson and its McNeil Consumer Products Co. sub-credit for allegedly putting a defective, impermissible product on the market
A&P was named because the fatal bottle of Extra Strength Tyleneol capsules was purchased in its Bronxville, N.Y., grocery store.
The suit seeks $2.5 million in compensatory damages and $92 million in
punitive damages.
"As a result of the defects in said product, the decedent was caused to and did suffer painful and serious damage resulting in her death," the suit said.
Elsroth, 23, of Peekskill, N.Y., daughter of a state trooper, died Feb. 8, 1986, in Yonkers at the home of her boyfriend, Michael Notarnicola.
Johnson & Johnson put extra safety features in the product after seven Chicago area people died from cyanide-laced Tylenol in 1982, but the suit said in 1986 that the product was unsafe.
Johnson & Johnson and McNeil alleged "knew that the introduction of the product into the stream of food created a risk of harm to the general public."
o the general public, the sun said.
Additionally, it said all the defendants warranted that Extra-Strength Tylenol was free of defects and warranties were breached.
A&P allegedly was negligent in improperly monitoring the product.
Elrsloh's death from two poisoned capsules and discovery of a second tainted bottle nearby led Johnson & Johnson to halt non-prescription caplets production and make caplets. The company believed but investigations remain open.
The suit said defects in the product were in design, manufacturing, packaging, marketing, testing, inspection, distribution warning and selling.
Specifically it alleged defective gelatin capsules, glue-sealed box, outer safety seal, inner foil seal and inadequate anti-tampering precautions and warnings of inherent dangers.
Johnson & Johnson said it was confident about the outcome of the Elsroth suit and seven other suits stemming from the Chicago deaths.
A&P was unavailable for comment.
"We are confident that the courts will not hold Johnson & Johnson or McNeil Consumer Products responsible for the act of an unknown murderer," said spokesman Kunffen.
Kniffen declined comment on Johnson & Johnson Chairman James Burke's 1986 comment that, in hindsight, the New Brunswick, N.J. firm might have stopped capsule production after 1982.
"Yes, indeed I am," Burke said, when asked whether he was sorry the firm failed to act sooner.
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