Tylenol or acetaminophen relieves pain, and it is hard to believe that exposure to everyday over-the-counter medication could cause your child’s autism. Yet, many Tylenol autism lawsuit cases have merit, with dozens of studies linking over-the-counter drug use during pregnancy and increased autism diagnoses among offspring.
The personal injury attorneys at Rosenfeld Injury Lawyers, LLC, advocate for victims injured by prenatal exposure to Tylenol or generic acetaminophen in Tylenol autism cases.
Contact Us Today About Your Potential Tylenol Autism ADHD Lawsuit
Call our dangerous drug lawyers today at (888) 424-5757 (toll-free) or use the contact form to schedule a free consultation regarding a Tylenol autism class action lawsuit.
We deal with Tylenol/generic acetaminophen lawsuits involving autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), and other disorders.
The Link Between Autism and Exposure to Tylenol and Acetaminophen
Recent scientific research on the cord blood samples of children whose mothers took Tylenol (acetaminophen) while pregnant linked drug use and autism/developmental disorders.
Fetus exposure to Tylenol/generic acetaminophen cord blood samples contained high levels of the drug pregnant women took for pain.
A Johns Hopkins University study found antenatal exposure to generic acetaminophen led to adverse neurodevelopmental outcomes, including developmental disorders like ASD.
Numerous investigations have been conducted to explore the potential correlation between the usage of Tylenol during pregnancy and a heightened likelihood of autism in children. Nevertheless, the available evidence is scarce and contradictory, thus necessitating further research to definitively establish a cause-and-effect relationship.
An investigation supported by both the National Institutes of Health and the Agency for Health Care Research and Quality revealed that exposure to acetaminophen while in utero might potentially elevate an individual’s susceptibility to attention-deficit/hyperactivity disorder as well as autism spectrum disorder.
Proving a link between Tylenol and autism can be challenging, as more recent research suggests that the association may not have a firm basis. However, it is still possible to pursue legal action if you believe that your child’s autism was caused by exposure to high concentrations of Tylenol.
Taking Tylenol or Acetaminophen
Acetaminophen is a pain reliever and fever reduction medication found in many over-the-counter medicines, making Tylenol reasonably common. There were cases where prenatal acetaminophen exposure has led to complications for future-born children.
The research linking pregnant women taking acetaminophen-based products has led to a rise in acetaminophen autism lawsuits.
Children Taking Tylenol or Generic Acetaminophen
One fetal brain development study found that children who took acetaminophen during their first year of life were more likely to develop autism spectrum disorder.
Another Johns Hopkins University study found that children who took Tylenol six times or more in their first year had an increased risk (three times more likely) of developing ASD and complex developmental disorders.
While these studies do not prove that acetaminophen causes ASD, Complex Developmental Disorder, or ADHD (attention deficit hyperactivity disorder), they suggest that there may be a link between the two.
If you are concerned about antenatal exposure to Tylenol, and your child’s development, contact our dangerous drug lawyers at (888) 424-5757 for a free legal consultation regarding Tylenol lawsuits.
Tylenol class action lawsuit cases have been consolidated into multidistrict litigation (MDL) in the US District Court for the Southern District of New York.
What Is Tylenol (Generic Acetaminophen)?
Tylenol, or generic acetaminophen, is an effective pain reliever and fever reducer. The over-the-counter medicine is a nonsteroidal anti-inflammatory drug (NSAID).
Acetaminophen relieves pain such as headaches, muscle aches, toothaches, menstrual cramps, arthritis, or other types of pain. It also reduces fever symptoms in people with chickenpox or the flu.
Expectant mothers have been told to avoid taking acetaminophen, also known as Tylenol, during their pregnancy to ensure nothing influences fetal brain development.
Previous acetaminophen medical records research found significant risks to health, suggesting a link between Tylenol usage (prolonged exposure or not) and an increased possibility of neurological disorders in children.
What Is Autism Spectrum Disorder (ASD)?
ASD affects how a person communicates and relates to others. It can also impact how a person sees the world and their behavior. Autism is estimated to occur in one in eighty-eight children in the United States, according to the Centers for Disease Control and Prevention (CDC).
Boys are four times more likely to have autism than girls. While the cause of autism is unknown, scientific research conducted by Johns Hopkins Medicine and others suggests a combination of genetics and environmental factors may cause it.
One of the common symptoms of someone diagnosed with autism that is often misunderstood is the child’s seeming lack of interest in socializing with others. Many people see a child with autism as being anti-social or uninterested in other people when it is not always the case.
Children with autism may not understand sarcasm, jokes, or body language, making social interactions challenging. They may be more interested in topics such as numbers, letters, or animals than in discussing what happened at school that day.
These behaviors don’t reveal that these children don’t want to socialize; developmental disorders sometimes mean they process social cues differently than neurotypical children.
If you suspect your child’s ASD was influenced by Tylenol exposure, contact our Tylenol autism lawyers. Let us help you with a Tylenol autism lawsuit.
What Is Attention Deficit Hyperactivity Disorder (ADHD)?
ADHD is characterized by focus, hyperactivity, and impulsiveness problems. It is one of the most common mental disorders in children and adolescents, affecting around 3-5% of children in the United States.
Symptoms can persist into adulthood in some autism cases, and adults can have their symptoms diagnosed as ADHD later in life. ADHD can cause problems at home, school, and in relationships.
There is no definitive cause of ADHD, but it is believed to be caused by environmental and genetic factors.
Focus, Hyperactivity, and Impulsiveness Problems
Typically, symptoms of ADHD appear before age seven and can cause problems at home, school, and with friends.
There are three primary symptoms of ADHD: problems with focus, hyperactivity, and impulsiveness. Children with ADHD may have trouble paying attention in class, staying seated, or finishing tasks.
They may also be very active and fidgety or have trouble waiting their turn. Children with ADHD are also more likely to act without thinking about the consequences of their actions.
If you think your child may have ADHD, it is crucial to talk to your doctor. There are many treatments available that can help kids manage their symptoms and live successful lives. Treatment for ADHD usually includes behavioral therapy, medication, or a combination.
Correlation Between Antenatal Exposure to Acetaminophen and Autism/ADHD
According to the US Department of Health and Human Services (HHS), much research has been conducted on the correlation between antenatal exposure to acetaminophen, autism, and ADHD.
Some studies suggest a link between the two risks of antenatal exposure, such as acetaminophen use during pregnancy, while other antenatal exposure studies are inconclusive.
However, in 2021, the scientific journal Nature Reviews Endocrinology published a Consensus Statement from medical experts warning that using it during pregnancy was unsafe and could lead to higher rates of diagnosing ADHD.
What is known is that more research needs to be conducted to determine if there is scientific evidence that links using acetaminophen during pregnancy and its mental health effects.
Acetaminophen Study
One study published in the journal Pediatrics found that Tylenol/acetaminophen use during pregnancy is more likely to have children diagnosed with ADHD or neurodevelopmental disorders.
The study looked at data from nearly 64,000 children and found that those exposed to acetaminophen prenatally were twice as likely to be diagnosed with ADHD by the time they reached school age.
Another study published in the Journal of the American Medical Association (JAMA) Pediatrics found a correlation between prenatal Tylenol exposure and ASD. The study looked at data from nearly 1,500 children and found that those exposed to acetaminophen prenatally were three times more likely to develop ASD.
Tylenol Usage While Pregnant Raises Concerns
While exposure to acetaminophen during pregnancy studies certainly raises some concerns, it is crucial to remember that they are only correlations – they do not prove that acetaminophen usage causes a neurological disorder or leads to autism or ADHD symptoms.
More research is needed to determine if there is a link between the two and what potential risks might be involved, even with the consensus statement of the Nature Reviews Endocrinology journal.
A Johns Hopkins University study assessed cord blood samples containing acetaminophen levels. The outcomes were astonishing. Children with the highest acetaminophen levels in their cord blood were nearly three times more likely to be diagnosed with autism or ADHD than those with the lowest levels.
If you suspect your child’s autism and ADHD is due to exposure to Tylenol in your pregnancy, we can help. Contact our legal team for further information regarding Tylenol lawsuits or how to be included in the Tylenol class action MDL.
Exploring the Statistics on Acetaminophen Lawsuits: Tylenol’s Role in Birth Injuries
The landscape of product liability lawsuits related to birth injuries is vast and complex. One intriguing area involves allegations tied to Tylenol, an over-the-counter acetaminophen medication.
Many families have initiated Tylenol lawsuits, claiming that prenatal exposure to the drug caused severe birth injuries.
Acetaminophen Lawsuits: A Growing Trend
Despite being one of the most widely used over-the-counter drugs, acetaminophen has not been free from controversy.
The number of acetaminophen lawsuits has steadily risen in recent years, many of which relate to alleged birth injuries.
These lawsuits claim that manufacturers, including Johnson & Johnson, the maker of Tylenol, failed to warn consumers about potential risks, specifically during pregnancy, adequately.
The Tylenol Class Action Lawsuit: A Closer Look
Among the Tylenol class action lawsuit cases, a significant portion specifically focuses on Tylenol.
The most notable is the Tylenol class action lawsuit, representing hundreds of families alleging birth defects related to the drug.
This lawsuit claims that the pharmaceutical giant failed to provide appropriate warnings about the risks of taking Tylenol during pregnancy, leading to unexpected and devastating birth injuries.
Scientific Evidence Supporting Claims
These Tylenol lawsuits are often backed by scientific evidence linking using acetaminophen during pregnancy to birth defects.
Numerous studies have suggested a possible association between prenatal Tylenol exposure and conditions like ADHD, autism, and other developmental disorders.
While the scientific community maintains that more research is needed, this evidence is critical to these product liability civil suits.
The Role of Medical Records in Tylenol Lawsuits
Medical records play a vital role in substantiating these claims.
These records, which detail medication usage during pregnancy, birth outcomes, and subsequent health issues, form the foundation of the Tylenol lawsuit cases.
Accurate, detailed medical records can provide strong evidence of a direct link between Tylenol exposure and birth injuries.
The Magnitude of Product Liability Lawsuits
Product liability civil suits like those targeting Tylenol can extensively impact manufacturers.
They result in substantial financial costs and damage reputation and trust.
For families affected by birth injuries, these lawsuits offer a path toward compensation for the enormous physical, emotional, and financial burdens they endure.
Tylenol Lawsuit Cases
The rising wave of Tylenol lawsuits showcases the importance of thorough safety studies and transparent, clear warnings about potential risks associated with over-the-counter drugs.
As the legal battles continue, they serve as a stark reminder of the duty of pharmaceutical companies to prioritize patient safety above all.
Our Lawyers are Reviewing Tylenol Autism Lawsuits: Filing an Acetaminophen Autism Lawsuit After Autism Diagnosis
Many defendants in Tylenol lawsuits are not drug manufacturers making generic-based drugs or healthcare professionals prescribing or recommending taking acetaminophen during pregnancy.
Instead, the defending parties in Tylenol autism lawsuits are the retailers that sell generic store brands of acetaminophen, including Osco, Safeway, Walgreens, Walmart, and CVS.
These acetaminophen autism lawsuits seek to hold these companies liable for injuries from taking their Tylenol or acetaminophen products.
Over-the-Counter Tylenol/Acetaminophen During Pregnancy is Unsafe
Tylenol lawsuits for generic brand acetaminophen allege that the retailers knew or should have known about the risks associated with taking acetaminophen during pregnancy and failed to provide warnings.
If you or a loved one has been diagnosed with autism or ADHD after exposure to acetaminophen during pregnancy, you may be entitled to compensation.
Personal injury lawyers are reviewing Tylenol autism lawsuits for families with children with autism or ADHD that may have been caused by exposure to acetaminophen during pregnancy.
If you or a child has been affected by prenatal exposure to the drug, contact a Tylenol autism lawyer today for a free consultation. Filing a Tylenol lawsuit could provide compensation for your damages.
Who Qualifies for Filing a Tylenol Autism Claim?
Attorneys must validate Tylenol autism cases before filing a Tylenol autism ADHD lawsuit should a neurological condition like ADHD or ASD related to acetaminophen or Equate brand acetaminophen products exposure during pregnancy be identified in a child.
Getting Information About Tylenol Lawsuits
It is essential to compile evidence to support your Tylenol autism ADHD lawsuit that the fetus was exposed to acetaminophen. It must be established through documented and scientific evidence that Tylenol or a generic equivalent was consumed during pregnancy and that your child subsequently received a neurological condition diagnosis.
Your Rights to Compensation
Long-term Tylenol use during pregnancy may entitle the mother to compensation if her unborn child is subsequently found to have acetaminophen-related autism or other issues. The civil lawsuit might cover compensation, including:
- Medical costs and bills
- Pain and suffering
- Lost income
- Loss of enjoyment of life
- Permanent disability
Proving Liability in Tylenol Autism Lawsuits After Acetaminophen Usage in Pregnant Women
Proving liability from acetaminophen use during pregnancy for pain relief linked to an autism or ADHD diagnosis can be complicated.
However, recent studies have shown a link between acetaminophen use during pregnancy and children’s increased risks of autism.
The research conclusions have led many parents of children with autism to file an individual Tylenol lawsuit against the drug manufacturers and retailers selling the product, seeking compensation for their child’s acetaminophen-related autism.
While it is still early in the product liability autism lawsuit situation, mounting evidence suggests that pregnant women using Tylenol might cause autism.
Given the evidence, there is a strong case for proving liability in a Tylenol autism lawsuit.
Parents whose children have been affected by the condition deserve compensation for their expenses and difficulties.
Proof for a Tylenol Autism Lawsuit
Proving a case that correlates the usage of Tylenol and autism/ADHD might require:
- Acetaminophen medical records indicating that Tylenol/acetaminophen usage during your pregnancy led to your child’s neurological condition diagnosis
- Your child’s psychiatrist or therapist records outlining the treatment used for ADHD symptoms, ASD symptoms, or other neurological disorder-related behavioral issues
- All medical notes and transcriptions from healthcare professionals and doctors about your child’s diagnoses related to Tylenol used during your pregnancy, including any exposure to acetaminophen records
Our national product liability lawyers are now reviewing Tylenol autism cases involving children diagnosed with autism whose mothers took the brand name Tylenol or generic brand acetaminophen during their pregnancy.
Our attorneys are basing their acetaminophen autism lawsuits on ADHD/autism diagnoses relating to Tylenol use during pregnancy, neurological/brain disorders, and the company’s failure to advise against using Tylenol while pregnant.
Can I File a Tylenol Autism Lawsuit If I Used Generic Brand Acetaminophen?
Yes, even if you used the generic form of Tylenol, you can still submit a Tylenol autism lawsuit for your child’s ASD (autism spectrum disorder) diagnosis.
The same claim is made in an acetaminophen lawsuit: manufacturers and distributors failed to inform pregnant women of the health dangers of using acetaminophen or Tylenol during pregnancy.
The defendants in a case for generic acetaminophen will change based on the brand used and the location of the drug’s purchase.
Speak to our Tylenol attorneys about compensation in Tylenol autism lawsuits.
Mass Tort Litigation
In a recent move, the Judicial Panel on Multidistrict Litigation (JPML) has created a new mass tort litigation for claims accusing significant retailers such as Costco Wholesale Corp and Walmart, Inc. They failed to warn that using acetaminophen, a popular pain and fever-reduction medication, during pregnancy can cause ASD and ADHD in children.
The claimants allege that companies should have provided explicit warnings about the potential risks of using acetaminophen during pregnancy or early childhood development but failed to do so.
The lawsuit further alleges that Johnson & Johnson and other manufacturers knew or should have known about these risks but took no action to inform the public.
The case is part of a larger conversation surrounding acetaminophen autism cases and whether certain drugs can be linked to developmental disabilities such as ASD or ADHD, as well as how pharmaceutical companies should handle warnings about their products.
While it remains to be seen what the lawsuit’s outcome will be, parents and expectant mothers must discuss any medications they plan to take with their healthcare provider before making any decisions.
The Multidistrict Tylenol Autism Class Action Lawsuit Process
A multidistrict litigation (MDL) Tylenol class action lawsuit is being prepared to incorporate the product liability claims against Tylenol and other acetaminophen manufacturers.
To combine court resources, even if the plaintiffs are spread out across the United States, the court would still hear the Tylenol autism cases in a single jurisdiction. Additionally, it enables plaintiffs to split costs like court fees.
Plaintiffs’ attorneys for the Tylenol autism ADHD lawsuit must persuade a jury that manufacturers, like Johnson & Johnson, violated their duty of care to consumers by failing to alert them to the dangers of acetaminophen/Tylenol use.
To file a Tylenol autism ADHD lawsuit for damages against the manufacturers of acetaminophen or Tylenol medications like Mallinckrodt or Johnson & Johnson, our law firm can help you determine the precise value of your injuries.
June 5, 2023, Plaintiffs Challenge Johnson & Johnson’s Request for Instant Appeal
In a marked shift in legal proceedings, plaintiffs in the Tylenol lawsuit countered Johnson & Johnson’s (J&J) appeal for immediate scrutiny of the court’s preemption and causation rulings.
The plaintiffs formally submitted a motion last week, contending against the company’s request for an urgent appeal.
If you or your family are involved in a Tylenol autism lawsuit or considering initiating one, this development has significant implications.
Here’s why:
If granted, J&J’s pursuit of an immediate appeal would likely put a pause on the ongoing litigation. The proceeding halt could last up to a year, placing all related Tylenol lawsuits in legal limbo.
This delay could add considerable strain and uncertainty for families who have already endured the challenges associated with autism and the ensuing legal battle.
Issue of Causation
However, the attorneys representing the plaintiffs argue that granting an immediate appeal is unjustified. They contend that such urgency is typically reserved for rare exceptions, a criterion they believe does not apply to the current situation.
Further, they assert that the issue of causation – a central element in this lawsuit, which explores whether Tylenol use during pregnancy can lead to autism in children – will soon be addressed.
Daubert Hearing
A Daubert hearing, a legal proceeding specifically designed to assess the admissibility of expert testimony, is scheduled for later this year.
At this hearing, expert opinions on the link between Tylenol and autism will be examined thoroughly, potentially providing a more robust base for the plaintiffs’ case.
Previous Developments in the Tylenol Autism Lawsuits
June 5, 2023: Plaintiff Challenges J&J’s Appeal Request
The plaintiffs objected to Johnson & Johnson’s (J&J) request for an immediate appeal regarding the preemption rulings, potentially affecting the speed of Tylenol autism lawsuits.
May 22, 2023: Dismissal of Texas Case, California Claims Persist
Texas’s “safe harbor” law led to dismissing a Tylenol autism case, while a similar case in California withstood an attempt for dismissal.
May 17, 2023: Retailers Face Lawsuit
Judge Denise L. Cote dismissed arguments by Target Corp. and Walmart, Inc. that compliance with federal law absolved them from state law liability for not warning about potential autism or ADHD risks from their acetaminophen products.
May 16, 2023: Plaintiffs in Holding Pattern
Despite six months since the class action MDL consolidation, only 124 cases are pending due to potential plaintiffs awaiting the outcomes of Daubert legal challenges before filing.
May 9, 2023: J&J Appeals
J&J requested an interlocutory appeal to obtain an appellate court’s assessment of the preemption order before case progression, a move that may slow down proceedings.
May 1, 2023: FDA Opinion Sought
Judge Cote asked the FDA if a warning about autism and ADHD risks should be added to acetaminophen labels, an unusual move that may influence the case’s outcome.
April 21, 2023: Preemption Motion Denied
J&J’s motion to dismiss based on the preemption doctrine was rejected.
The doctrine failed to exempt J&J from potential liability regarding the lack of warning about the risks of in-utero exposure.
April 20, 2023: Government Opinion Requested
A federal judge requested the government’s perspective on whether a risk warning proposed by the plaintiffs should be added to acetaminophen labels.
April 13, 2023: Proposed Warning
The plaintiffs suggested a warning label highlighting the potential risk of autism and ADHD from frequent use of acetaminophen during pregnancy.
April 9, 2023: Rising Autism Rates
CDC data indicates that autism rates among children in the U.S. have been increasing, with recent figures showing that 1 out of every 36 children are diagnosed with autism or ASD.
March 31, 2023: Update on Expert Testimony Discovery
The MDL judge ordered rebuttal expert testimony in the expert discovery schedule in the acetaminophen ASD-ADHD lawsuit.
The plaintiffs are now obligated to reveal, by April 4, whether they plan to provide an affirmative expert report on maternal-fetal medicine by June 16.
This fast-paced MDL class action exemplifies the necessity of rebuttal testimony, a common practice the plaintiffs intend to exercise despite the defendant’s objections.
March 27, 2023: Implementation of Plaintiff Fact Sheet
Judge Cote endorsed a comprehensive 35-page Plaintiff Fact Sheet (PFS) for all plaintiffs in the Tylenol autism class action MDL.
Like interrogatories, the PFS gathers extensive information about the plaintiffs, focusing mainly on their genetic and medical history to identify any pre-existing risk factors for autism or ADHD.
March 10, 2023: Increase in Case Numbers
The acetaminophen ADHD/autism class action litigation has grown from 80 to 107 pending cases since the initiation of the MDL a few months ago.
March 9, 2023: Plaintiffs Oppose Motion to Dismiss
In a repeated turn of events, the plaintiffs contested J&J’s Motion to Dismiss based on the federal preemption doctrine.
Despite J&J’s argument that Tylenol’s FDA-regulated warning labels are governed by federal law, Judge Cote had previously dismissed a similar motion from Walmart.
February 25, 2023: Accelerated Legal Proceedings
MDL Judge Denise Conte is promptly finalizing logistical matters in the early stages of the Tylenol autism class action.
Her recent order established protocol and timelines for expert witness depositions and fact discovery, crucial for the upcoming October ruling on the admissibility of the plaintiff’s causation evidence.
February 11, 2023: Submission of Plaintiff Fact Sheets
By February 28, 2023, parties were to submit joint or competing plaintiffs’ fact sheets outlining plaintiff information such as name, injury, defendants, and legal theories.
The collected data will be crucial for identifying common issues, providing a litigation overview, and selecting the first lawsuits to proceed to trial, known as “bellwether trials.”
February 3, 2023: Litigation Expansion
The number of Tylenol autism lawsuits within the federal MDL continues to rise.
Judge Cote recently established a process for coordinated discovery between federal and state court cases, particularly those in California.
This order enables state court cases to access discovery obtained in the federal MDL, promoting cooperation and transparency.
October 2022 Tylenol Class Action Lawsuit Update
Over the past six months, a dramatic rise in Tylenol autism-ADHD product liability claims has been observed nationwide.
Several plaintiffs filed a motion in June 2022 asking the Judicial Panel on JPML to combine all the Tylenol class action lawsuit cases in district court consolidated into a new MDL class action because there were enough active Tylenol autism cases.
The JPML registered a Tylenol autism class action lawsuit in the Southern District of New York on October 5, 2022, which will house all Tylenol lawsuits filed in any federal court in the United States.
Class Action St. Louis Tylenol Lawsuit Litigation
The JPML convened a hearing in St. Louis for oral arguments on whether to combine the expanding number of Tylenol lawsuits into a new class action lawsuit.
It started the acetaminophen lawsuit class action immediately. Many of these Tylenol autism lawsuits, alleging that taking Tylenol while pregnant caused autism, are still pending in federal courts around the US.
The Tylenol lawsuit has the potential to grow to be the most significant combined case in the nation.
MDL Motion
Several plaintiffs submitted a motion for MDL Tylenol autism lawsuits consolidated in one federal court. However, all the defendants (Tylenol drug manufacturers and distributors) opposed forming a new Tylenol class action lawsuit MDL.
The defending Tylenol lawsuit legal team might contend that an MDL cannot be initiated without the participation of the significant defendants, as it is not permitted, as noted by the MDL Tylenol lawsuit panel.
But why hasn’t Tylenol yet been identified as a defendant in an MDL civil lawsuit? Johnson & Johnson (J&J) has not been listed as a defendant in any claims that attorneys attempt to combine into a class action Tylenol lawsuit for tactical reasons.
Although there is little doubt that J&J will eventually be involved in the Tylenol class action lawsuit, it is just a question of time.
Tylenol Autism MDL Judge Does Not Dismiss Acetaminophen Lawsuits
In November 2022, Tylenol autism MDL Judge Cote denied a motion to dismiss plaintiffs’ Tylenol autism lawsuits. Walmart sells Tylenol, and generic acetaminophen products, including in-house, Equate brand acetaminophen products.
Walmart Equate/Tylenol lawyers argued the doctrine of federal preemption barred victims’ claims. The defendant’s attorneys asked the Eastern District of New York MDL judge to reconsider the Tylenol autism litigation ruling.
On November 15, 2022, the Tylenol autism MDL judge overseeing the Tylenol autism class action lawsuit denied Walmart’s motion to dismiss the case on preemption grounds.
According to Judge Denise Cote’s order, applicable FDA labeling laws under federal law allowed Walmart to unilaterally change the label on its Equate-brand acetaminophen and add a warning about potential pregnancy risks.
Walmart to Stay in MDL
Walmart’s argued in a motion to dismiss that the applicable FDA labeling laws under federal law and regulations prohibited it from changing labels on generic Tylenol products. However, the Tylenol autism MDL judge found that it was not a valid reason for dismissal.
The denied motion to dismiss means that Walmart will remain in the class action lawsuit, further strengthening the plaintiffs’ case.
The case has raised important questions about how drug manufacturers should handle warnings about their products and if there is a link between certain drugs and conditions such as autism.
While it remains unclear what outcome the case will ultimately have, it is clear that the issue has been thrust into the spotlight and will remain a topic of conversation for some time.
Parents are advised to always consult their healthcare provider before taking any medications while pregnant or caring for an infant.
Mass Tort Litigation
In a recent move, the Judicial Panel on Multidistrict Litigation (JPML) has created a new mass tort litigation for claims accusing significant retailers such as Costco Wholesale Corp and Walmart, Inc. They failed to warn that using acetaminophen, a popular pain and fever-reduction medication, during pregnancy can cause ASD and ADHD in children.
The claimants allege that companies should have provided explicit warnings about the potential risks of using acetaminophen during pregnancy or early childhood development but failed to do so.
The lawsuit further alleges that Johnson & Johnson and other manufacturers knew or should have known about these risks but took no action to inform the public.
The case is part of a larger conversation surrounding acetaminophen autism cases and whether certain drugs can be linked to developmental disabilities such as ASD or ADHD, as well as how pharmaceutical companies should handle warnings about their products.
While it remains to be seen what the lawsuit’s outcome will be, parents and expectant mothers must discuss any medications they plan to take with their healthcare provider before making any decisions.
The Multidistrict Tylenol Autism Class Action Lawsuit Process
A multidistrict litigation (MDL) Tylenol class action lawsuit is being prepared to incorporate the product liability claims against Tylenol and other acetaminophen manufacturers.
To combine court resources, even if the plaintiffs are spread out across the United States, the court would still hear the Tylenol autism cases in a single jurisdiction. Additionally, it enables plaintiffs to split costs like court fees.
Plaintiffs’ attorneys for the Tylenol autism ADHD lawsuit must persuade a jury that manufacturers, like Johnson & Johnson, violated their duty of care to consumers by failing to alert them to the dangers of acetaminophen/Tylenol use.
To file a Tylenol autism ADHD lawsuit for damages against the manufacturers of acetaminophen or Tylenol medications like Mallinckrodt or Johnson & Johnson, our law firm can help you determine the precise value of your injuries.
June 5, 2023, Plaintiffs Challenge Johnson & Johnson’s Request for Instant Appeal
In a marked shift in legal proceedings, plaintiffs in the Tylenol lawsuit countered Johnson & Johnson’s (J&J) appeal for immediate scrutiny of the court’s preemption and causation rulings.
The plaintiffs formally submitted a motion last week, contending against the company’s request for an urgent appeal.
If you or your family are involved in a Tylenol autism lawsuit or considering initiating one, this development has significant implications.
Here’s why:
If granted, J&J’s pursuit of an immediate appeal would likely put a pause on the ongoing litigation. The proceeding halt could last up to a year, placing all related Tylenol autism lawsuits in legal limbo.
This delay could add considerable strain and uncertainty for families who have already endured the challenges associated with autism and the ensuing legal battle.
Issue of Causation
However, the attorneys representing the plaintiffs argue that granting an immediate appeal is unjustified. They contend that such urgency is typically reserved for rare exceptions, a criterion they believe does not apply to the current situation.
Further, they assert that the issue of causation – a central element in this lawsuit, which explores whether Tylenol use during pregnancy can lead to autism in children – will soon be addressed.
Daubert Hearing
A Daubert hearing, a legal proceeding specifically designed to assess the admissibility of expert testimony, is scheduled for later this year.
At this hearing, expert opinions on the link between Tylenol and autism will be examined thoroughly, potentially providing a more robust base for the plaintiffs’ case.
Previous Developments in the Tylenol Lawsuits
June 5, 2023: Plaintiff Challenges J&J’s Appeal Request
The plaintiffs objected to Johnson & Johnson’s (J&J) request for an immediate appeal regarding the preemption rulings, potentially affecting the speed of Tylenol autism lawsuits.
May 22, 2023: Dismissal of Texas Case, California Claims Persist
Texas’s “safe harbor” law led to dismissing a Tylenol autism case, while a similar case in California withstood an attempt for dismissal.
May 17, 2023: Retailers Face Lawsuit
Judge Denise L. Cote dismissed arguments by Target Corp. and Walmart, Inc. that compliance with federal law absolved them from state law liability for not warning about potential autism or ADHD risks from their acetaminophen products.
May 16, 2023: Plaintiffs in Holding Pattern
Despite six months since the class action MDL consolidation, only 124 cases are pending due to potential plaintiffs awaiting the outcomes of Daubert legal challenges before filing.
May 9, 2023: J&J Appeals
J&J requested an interlocutory appeal to obtain an appellate court’s assessment of the preemption order before case progression, a move that may slow down proceedings.
May 1, 2023: FDA Opinion Sought
Judge Cote asked the FDA if a warning about autism and ADHD risks should be added to acetaminophen labels, an unusual move that may influence the case’s outcome.
April 21, 2023: Preemption Motion Denied
J&J’s motion to dismiss based on the preemption doctrine was rejected.
The doctrine failed to exempt J&J from potential liability regarding the lack of warning about the risks of in-utero exposure.
April 20, 2023: Government Opinion Requested
A federal judge requested the government’s perspective on whether a risk warning proposed by the plaintiffs should be added to acetaminophen labels.
April 13, 2023: Proposed Warning
The plaintiffs suggested a warning label highlighting the potential risk of autism and ADHD from frequent use of acetaminophen during pregnancy.
April 9, 2023: Rising Autism Rates
CDC data indicates that autism rates among children in the U.S. have been increasing, with recent figures showing that 1 out of every 36 children are diagnosed with autism or ASD.
March 31, 2023: Update on Expert Testimony Discovery
The MDL judge ordered rebuttal expert testimony in the expert discovery schedule in the acetaminophen ASD-ADHD lawsuit.
The plaintiffs are now obligated to reveal, by April 4, whether they plan to provide an affirmative expert report on maternal-fetal medicine by June 16.
This fast-paced MDL class action exemplifies the necessity of rebuttal testimony, a common practice the plaintiffs intend to exercise despite the defendant’s objections.
March 27, 2023: Implementation of Plaintiff Fact Sheet
Judge Cote endorsed a comprehensive 35-page Plaintiff Fact Sheet (PFS) for all plaintiffs in the Tylenol autism class action MDL.
Like interrogatories, the PFS gathers extensive information about the plaintiffs, focusing mainly on their genetic and medical history to identify any pre-existing risk factors for autism or ADHD.
March 10, 2023: Increase in Case Numbers
The acetaminophen ADHD/autism class action litigation has grown from 80 to 107 pending cases since the initiation of the MDL a few months ago.
March 9, 2023: Plaintiffs Oppose Motion to Dismiss
In a repeated turn of events, the plaintiffs contested J&J’s Motion to Dismiss based on the federal preemption doctrine.
Despite J&J’s argument that Tylenol’s FDA-regulated warning labels are governed by federal law, Judge Cote had previously dismissed a similar motion from Walmart.
February 25, 2023: Accelerated Legal Proceedings
MDL Judge Denise Conte is promptly finalizing logistical matters in the early stages of the Tylenol autism class action.
Her recent order established protocol and timelines for expert witness depositions and fact discovery, crucial for the upcoming October ruling on the admissibility of the plaintiff’s causation evidence.
February 11, 2023: Submission of Plaintiff Fact Sheets
By February 28, 2023, parties were to submit joint or competing plaintiffs’ fact sheets outlining plaintiff information such as name, injury, defendants, and legal theories.
The collected data will be crucial for identifying common issues, providing a litigation overview, and selecting the first lawsuits to proceed to trial, known as “bellwether trials.”
February 3, 2023: Litigation Expansion
The number of Tylenol autism lawsuits within the federal MDL continues to rise.
Judge Cote recently established a process for coordinated discovery between federal and state court cases, particularly those in California.
This order enables state court cases to access discovery obtained in the federal MDL, promoting cooperation and transparency.
October 2022 Tylenol Class Action Lawsuit Update
Over the past six months, a dramatic rise in Tylenol autism-ADHD product liability claims has been observed nationwide.
Several plaintiffs filed a motion in June 2022 asking the Judicial Panel on JPML to combine all the Tylenol class action lawsuit cases in district court consolidated into a new MDL class action because there were enough active Tylenol autism cases.
The JPML registered a Tylenol autism class action lawsuit in the Southern District of New York on October 5, 2022, which will house all Tylenol lawsuits filed in any federal court in the United States.
Class Action St. Louis Tylenol Lawsuit Litigation
The JPML convened a hearing in St. Louis for oral arguments on whether to combine the expanding number of Tylenol lawsuits into a new class action lawsuit.
It started the acetaminophen lawsuit class action immediately. Many of these Tylenol autism lawsuits, alleging that taking Tylenol while pregnant caused autism, are still pending in federal courts around the US.
The Tylenol lawsuit has the potential to grow to be the most significant combined case in the nation.
MDL Motion
Several plaintiffs submitted a motion for MDL Tylenol autism lawsuits consolidated in one federal court. However, all the defendants (Tylenol drug manufacturers and distributors) opposed forming a new Tylenol class action lawsuit MDL.
The defending Tylenol lawsuit legal team might contend that an MDL cannot be initiated without the participation of the significant defendants, as it is not permitted, as noted by the MDL Tylenol lawsuit panel.
But why hasn’t Tylenol yet been identified as a defendant in an MDL civil lawsuit? Johnson & Johnson (J&J) has not been listed as a defendant in any claims that attorneys attempt to combine into a class action Tylenol lawsuit for tactical reasons.
Although there is little doubt that J&J will eventually be involved in the Tylenol class action lawsuit, it is just a question of time.
Tylenol Autism MDL Judge Does Not Dismiss Acetaminophen Lawsuits
In November 2022, Tylenol autism MDL Judge Cote denied a motion to dismiss plaintiffs’ Tylenol autism lawsuits. Walmart sells Tylenol, and generic acetaminophen products, including in-house, Equate brand acetaminophen products.
Walmart Equate/Tylenol attorneys argued the doctrine of federal preemption barred victims’ claims. The defendant’s attorneys asked the Eastern District of New York MDL judge to reconsider the litigation ruling.
On November 15, 2022, the Tylenol autism MDL judge overseeing the Tylenol autism class action lawsuit denied Walmart’s motion to dismiss the case on preemption grounds.
According to Judge Denise Cote’s order, applicable FDA labeling laws under federal law allowed Walmart to unilaterally change the label on its Equate-brand acetaminophen and add a warning about potential pregnancy risks.
Walmart to Stay in MDL
Walmart’s argued in a motion to dismiss that the applicable FDA labeling laws under federal law and regulations prohibited it from changing labels on generic Tylenol products. However, the Tylenol autism MDL judge found that it was not a valid reason for dismissal.
The denied motion to dismiss means that Walmart will remain in the class action lawsuit, further strengthening the plaintiffs’ case.
The case has raised important questions about how drug manufacturers should handle warnings about their products and if there is a link between certain drugs and conditions such as autism.
While it remains unclear what outcome the case will ultimately have, it is clear that the issue has been thrust into the spotlight and will remain a topic of conversation for some time.
Parents are advised to always consult their healthcare provider before taking any medications while pregnant or caring for an infant.
Tylenol Autism Lawyers Holding Responsible Parties Accountable
Attorneys filing Tylenol autism lawsuits seek maximum compensation from health professionals, retailers, and others who prescribed or sold pain-relieving medication to expectant mothers.
If you or a loved one has been diagnosed with autism or ADHD after exposure to Tylenol/acetaminophen while pregnant, you may be entitled to compensation.
Contact a Tylenol lawyer to discuss your legal options. As your legal counsel, you can expect us to be by your side throughout your new Tylenol autism lawsuit.
Our law firm will aggressively seek maximum compensation for the damages you and your family have suffered through a Tylenol case or Tylenol class action lawsuit.
Typically, any information shared with the law firm during consultation remains private through an attorney-client relationship.
Eligibility for Filing a Tylenol Claim
Determining eligibility to file a Tylenol claim largely depends on the circumstances surrounding drug use and the adverse effects experienced.
However, general factors are commonly used to evaluate potential cases.
Evidence of Usage
The first prerequisite for filing a Tylenol claim is that the person must have used the medication.
Evidence of usage can include prescriptions, pharmacy records, or personal testimony.
Suffered Harm or Injury
The person filing the claim must have suffered harm or injury from taking Tylenol.
This could include physical conditions like liver damage or other severe side effects. It may also include developmental disorders such as ASD and ADHD in children born to mothers who consumed Tylenol during pregnancy.
Connection Between Tylenol and Injury
There must be a plausible connection between the use of Tylenol and the injury suffered.
For instance, a mother who took Tylenol during her pregnancy and then gave birth to a child with autism or ADHD could file a lawsuit if there is scientifically-provable evidence linking acetaminophen usage to these conditions.
Timeliness of the Claim
Lawsuits must be filed within a specific timeframe, known as the statute of limitations, which varies by jurisdiction.
It’s essential to consult with a lawyer to determine if your claim falls within this window.
Failure of Tylenol Manufacturer to Warn of Risks
An attorney might prove that if the manufacturers of Tylenol failed to provide adequate warnings about the risks associated with using the medication or knowingly concealed this information, a person may be eligible to file a lawsuit.
Medical Costs and Other Damages
Persons who have incurred medical costs or suffered other damages, such as loss of income due to the adverse effects of Tylenol, may be eligible to file a claim.
Legal Representation
If you believe you meet these criteria, you should seek legal advice.
Lawyers dealing with drug injury claims can provide guidance, evaluate the strength of your case, and represent you in court.
Remember, every case is unique and must be evaluated individually.
Tylenol Autism Lawsuit FAQs
Our personal injury attorneys understand that many families have unanswered questions about when their child was injured by acetaminophen exposure and how to file a Tylenol class action lawsuit for compensation.
A lawyer from our personal injury law offices answered some common questions below.
Call our Tylenol autism lawyers at Rosenfeld Injury Lawyers, LLC at (888) 424-5757 (toll-free) or use the contact form to schedule a free consultation for additional information.
Can Acetaminophen Exposure or Tylenol in Childhood Cause an Increased Risk for Developmental Delays?
Prenatal exposure to Tylenol during childhood may be linked to increased developmental delay risk.
Recent studies show a correlation between pregnant women taking the analgesic drug acetaminophen and autism spectrum disorder or ADHD.
For instance, a study conducted in Norway found that pregnant women who took acetaminophen for 28 days or longer during their pregnancy had a higher risk of a child who could develop autism spectrum disorder.
In addition, another study found that children exposed to acetaminophen in utero had three times the rate of ADHD diagnosis compared to non-exposed children.
What Is The Best Way to Pursue My Legal Rights Following an Injury Caused by Tylenol?
Did you not experience complications during pregnancy but believe your child’s ASD or ADHD was caused by prenatal exposure to Tylenol? If so, you must contact an experienced product liability attorney immediately.
Scientific evidence links Tylenol and acetaminophen to prenatal exposure to the drug’s chemicals. Studies show that using Tylenol during pregnancy causes severe injuries during the development of the fetus.
Your Tylenol lawsuit attorney will review your case and determine if you may be eligible to participate in the existing Tylenol class action lawsuit or join an MDL case.
A lawyer can also answer any questions about filing an individual Tylenol lawsuit or a class action lawsuit and pursuing compensation for your losses.
Should I File a New Tylenol Lawsuit Before the MDL Is Established?
Contacting an experienced product liability attorney who can review your claim and help you determine what legal action may be appropriate for your particular circumstances is the best way to start the legal process.
You do not need to wait for the Tylenol autism class action lawsuit MDL to be formed or approved to pursue your legal rights.
It’s important not to delay because each state has a statute of limitations that applies to personal injury cases, and you could miss out on your legal rights if you wait too long.
An attorney can help ensure that all the paperwork is completed and filed promptly so your case isn’t barred from consideration due to missing the statute of limitations deadline.
Should I Get a Lawyer for My Tylenol Autism Lawsuit?
Contact an experienced product liability attorney for the following –
- Reviewing your case and determining whether you may be eligible to participate in the class-action lawsuit or join an MDL case is essential.
- Informing you of the applicable statute of limitations for Tylenol autism lawsuits in your state and ensuring the paperwork is filed promptly.
- Guiding you through filing an individual lawsuit and pursuing compensation for your losses.
- Providing invaluable assistance navigating the legal system, collecting evidence, and negotiating Tylenol autism settlement amounts, and more, to resolve your civil or Tylenol autism class action lawsuit.
Our personal injury attorneys have extensive experience in product liability law. They are dedicated to helping families recover the compensation they deserve following an injury caused by a defective product or medication.
Contact one of our Tylenol lawyers at (888) 424-5757 (toll-free phone number) or use the contact form to receive additional information about Tylenol lawsuits or schedule a free consultation.
We’ll review your case and answer any questions you may have about filing an individual lawsuit, and discuss current settlement amounts.
Is There a Lawsuit Against Tylenol for Children With Autism and ADHD?
There is a lawsuit against Tylenol for autism and ADHD stemming from recent scientific studies that have found a correlation between taking the analgesic drug acetaminophen during pregnancy and developing ASD or ADHD.
For instance, a study conducted in Norway found that expectant mothers who took acetaminophen for 28 days or longer during their pregnancy had increased risks of having a child with ASD.
Additionally, another study showed that children exposed to acetaminophen in utero had three times the rate of ADHD diagnosis compared to non-exposed children.
As a result, many parents are filing Tylenol lawsuits against Johnson & Johnson and acetaminophen makers – seeking compensation for any damage their children suffered from antenatal exposure to Tylenol/acetaminophen.
These claims allege that Johnson & Johnson failed to adequately warn consumers about the risks of taking Tylenol during pregnancy (fetal development problems), which could have prevented ASD and ADHD in some children.
How Much Can You Get From a Tylenol Autism Lawsuit?
The potential amount of compensation you may recover from a Tylenol autism lawsuit will depend on the specific facts and circumstances of your case.
Generally, those filing an individual lawsuit against Johnson & Johnson for antenatal exposure to Tylenol—which could have caused ASD or ADHD in their child—can seek damages, including:
- Medical bills
- Pain and suffering
- Lost wages
- Other expenses related to the injury
In addition to potentially recovering these economic damages, plaintiffs in a Tylenol autism civil suit can also seek non-economic damages, such as emotional distress due to the trauma associated with diagnosing and treating their children’s disorders.
A successful claim could also result in punitive damages being awarded if it is determined that Johnson & Johnson acted recklessly or intentionally due to their failure to warn about the dangers of taking Tylenol during pregnancy.
Changing Tylenol labels
Another potential consequence of bringing a successful product liability claim against Tylenol is that it can force the manufacturer to make changes or issue warnings about their drugs to reduce the risk of harm to future generations.
It could help create safer products and allow other parents considering taking the medication during pregnancy to make an informed decision based on accurate information.
Hiring a Product Liability Attorney
Overall, no two Tylenol autism claims are alike, so it is impossible to predict what kind of compensation you might receive from your Tylenol autism class action lawsuit without speaking with an experienced product liability attorney.
An attorney can review your case and provide more information about what kind of compensation may be available through a Tylenol class action lawsuit settlement or jury award based on the details of your particular claim.
The Tylenol /acetaminophen/ADHD lawsuits have been consolidated into MDL. The litigation consolidates many Tylenol autism lawsuits that will be heard in one court.
MDL Lawsuit Consolidation
The case involving many product liability lawsuits is still in its early stages. It is overseen by Tylenol autism MDL Judge Cynthia M. Rufe of the Eastern District Court of Pennsylvania.
However, families do not need to wait until the MDL Tylenol autism ADHD lawsuit case is approved before taking legal action. Each state has a statute of limitations that applies to personal injury cases.
If you believe your child’s ASD or ADHD was caused by prenatal exposure to Tylenol, you must immediately contact an experienced Tylenol lawsuit attorney.
Tylenol attorneys can help you determine if you may be eligible to participate in existing class-action dangerous drug lawsuits or join an MDL case related to Tylenol and autism/ADHD.
We also answer any questions about filing an individual lawsuit and pursuing compensation for any losses you may have suffered.
When Were the First Tylenol Autism Lawsuits Filed in the United States?
In the Spring of 2021, a wave of lawsuits began to be filed against Johnson & Johnson throughout the United States, alleging that exposure to Tylenol acetaminophen in utero or during infancy could increase the risk of developing autism based on scientific evidence.
The sheer number of Tylenol autism lawsuits eventually led to their consolidation into a single “class action” Tylenol Autism MDL (In Re: Acetaminophen ASD/ADHD Prod. Liab. Lit., MDL No. 3043) by the JPML in the Southern District of New York.
The plaintiffs’ primary allegation is that Johnson & Johnson did not provide adequate warnings about the potential risks of taking Tylenol acetaminophen during pregnancy or early childhood development and therefore bear responsibility for any harm caused.
Additionally, the cases have raised important questions about how drug manufacturers should handle warnings about their products and if there is a link between certain drugs and conditions such as autism.
It remains to be seen what the outcome of these Tylenol autism lawsuits will be, but it is clear that the issue has been thrust into the spotlight and will remain a conversation topic for some time.
In the meantime, parents must continue to consult their healthcare provider before taking any medications while pregnant or caring for an infant.
Hire Our Tylenol Lawyers to Resolve Your New Tylenol Autism Lawsuit
At Rosenfeld Injury Lawyers, LLC, Tylenol autism lawsuits are in our personal injury lawyers’ qualified and highly experienced hands.
Contact our law firm at (888) 424-5757 or use the contact form for a free case evaluation on the validity of filing a new Tylenol autism lawsuit on your behalf. Our qualified legal team will pursue financial recovery in your Tylenol lawsuit or include you in the Tylenol autism class action MDL.
We accept Tylenol autism cases on a contingency fee basis. You will not pay any upfront fees until we resolve your Tylenol autism class action lawsuit through a negotiated settlement or jury award.
