In August 2009, plaintiff’s decedent Tyler Robertson, 11, died of sepsis caused by pneumonia, which he developed several days after ingesting Children’s Tylenol that he was administered by his mother, plaintiff Kindra Robertson. In October 2009, Ms. Robertson became aware of a voluntary recall of bottles of Children’s Tylenol, which was initiated by McNeil-PPC Inc. in September 2009. The recall was initiated due to the detection of the gram-negative bacteria Burkholderia cepacia in an unused portion of an inactive ingredient. As a result, Ms. Robertson decided to have the bottle of medicine that she administered to her son tested for contamination. In 2011, the bottle was found to be positive for Bacillus circulans. Ms. Robertson sued McNeil-PPC Inc. and Johnson and Johnson. Ms. Robertson alleged that the defendants were negligent and strictly liable for the defective manufacturing of the Children’s Tylenol. She also alleged that the defendants’ actions constituted a breach of express and implied warranty. Peter Robertson and Steven Speier were also named as plaintiffs, but Mr. Robertson passed away and Speier was a bankruptcy trustee. Plaintiffs’ counsel contended that the subject bottle of Children’s Tylenol was from a lot that had been included in the voluntary recall initiated by McNeil-PPC Inc. in September 2009. Thus, counsel contended that, due to the contamination, the subject bottle was defective when it left McNeil-PPC’s possession and that McNeil-PPC had failed to adequately warn consumers about the potential risks of taking the medicine. Defense counsel denied all of Ms. Robertson’s allegations, arguing that Ms. Robertson couldn’t prove that the subject bottle of Children’s Tylenol contained Bacillus circulans when it left the manufacturing facility in 2008 because the bottle had been open for three years before she tested it 2011. Counsel also argued that plaintiff’s counsel failed to prove that Bacillus circulans causes pneumonia. In addition, defense counsel contended that the defendants’ actions and manufacturing processes related to Children’s Tylenol were appropriate and responsible., Tyler developed pneumonia-related sepsis. He ultimately died in August 2009. Tyler’s mother claimed the decedent’s pneumonia and sepsis were due to bacterial contamination of a bottle of Children’s Tylenol. Mrs. Robertson subsequently sought recovery of wrongful death damages. Defense counsel did not dispute Tyler’s pneumonia or sepsis, but argued that there was no proof Tyler’s condition or subsequent death was caused by Bacillus circulans or Children’s Tylenol.