The parents of a three-month-old who died after taking infant-formula liquid Tylenol have sued drugmaker McNeil PPC and parent company Johnson & Johnson. Markus Cherry got a clean bill of health from his pediatrician at a checkup in April 2010, when he also received vaccinations and a prescription for Tylenol to alleviate the crankiness and discomfort the shots sometime cause infants. But Markus soon became sick and died three days later.

Two weeks later, the drugmaker issued a recall for the concentrated Tylenol Infants Drops after the FDA noted bacteria contamination in the drugs. The lawsuit claims the drugmaker was aware of contamination problems at its Fort Washington, Pa., plant and alleges the company engaged in a “stealth recall”— hired a private company to simply buy the entire stocks of the tainted drugs from retailers — instead of issuing a formal recall notice and warning consumers that the drugs were tainted.