Tylenol and Acetaminophen Autism Spectrum Disorder Lawsuits

May 22, 2023: Texas Tylenol Lawsuits a Problem, California Claims Not a Problem

Based on a Texas “safe harbor” rule, the MDL Judge last week granted a petition to dismiss the Tylenol autism case brought by CVS along with other retail defendants. According to the relevant Texas law (Tex. Civ. Prac. & Rem. Code Ann. 82.007(a)), sellers of over-the-counter medications like Tylenol are not liable for failing to warn consumers if their warning labels adhered to the FDA-approved product labeling as well as information (the “monographs”). It implies that every Tylenol autism claim subject to Texas law may be rejected. (our company is still accepting Texas Tylenol claims.) In the same ruling, Judge Cote rejected dismissing a different lawsuit based on a comparable California safe harbor legislation.

May 17, 2023: Target and Walmart lose their preemption motion

Walmart Inc. and Target Corp. are facing a lawsuit that claims they failed to warn consumers about the possibility of ADHD or autism in children from consuming acetaminophen with a shop brand during pregnancy. However, CVS Pharmacy Inc. was able to stay clear of related litigation.

Crystal Washington and Makesha Anderson assert that the generic acetaminophen products sold by the shops lacked the appropriate warnings because of larger multidistrict litigation. They cited research that serves as the basis for each case alleging an association between prenatal acetaminophen exposure and autism among children. Target and Walmart attempted to use their compliance under federal law to exempt them from state law liability. Still, Judge Denise L. Cote, who presides over all federal Tylenol litigation, rejected this claim. She concluded that Texas law governs Washington’s claims and that Anderson’s lawsuit is subject to California law, not preempted by a 1993 decision from the state’s high court.

May 16, 2023: Thousands of Defendants Await the Court’s Decision

The Tylenol autism claims in federal courts resulted in a class action against MDL over six months ago, yet there are just 124 active cases in the MDL as of this week. Why, then, doesn’t the MDL receive many more cases? The MDL remains so tiny because thousands of potential plaintiffs need to file their cases to observe how the Daubert issues proceed in the MDL. If the MDL is dismissed because the judge rejects the scientific evidence tying Tylenol to autism, the plaintiffs can pursue their claims in state court. There will probably be a massive influx of cases filed in the MDL if the MDL judge decides that the scientific evidence is admissible.

May 9, 2023: J&J seeks an immediate appeal

J&J requested an interlocutory appeal to the MDL court in response to Judge Cote’s denial of their preemption action. With this kind of appeal, J&J could learn the appellate court’s opinion of the preemption order before the matter moved forward. Interlocutory appeals are an exception to the rule that appeals are often only allowed following a final ruling. The court is likely only to accept the interlocutory appeal if doing so would end the proceeding, which the judge is determined to do quickly. The court has established a schedule to ensure the matter is fully briefed, but that result is not guaranteed.

May 1, 2023: Requesting input from the FDA

Many individuals want to know if it is typical to question the FDA whether a warning should have been necessary. Not at all.

The judge posed the following two inquiries to the FDA (technically, she delegated this task to the Southern District in New York’s U.S. Attorney):

• Should acetaminophen labels include the Plaintiffs’ Proposed Warning?
• Does current research support the inclusion of a warning or recommendation about the connection between taking acetaminophen while pregnant and the risk of ADHD or ASD on acetaminophen labels?

These are significant issues, and it is difficult to imagine the FDA wishing to weigh in on what could end up being one of the largest mass torts in history. We shall, nevertheless, see.

Apr 21, 2023: Judge rejects J&J’s request for preemption

Yesterday, Judge Cote issued an Order rejecting J&J’s request to dismiss the case due to the preemption theory. The J&J movement stated that the many FDA regulations and federal laws that control the labeling of OTC pharmaceuticals preempt any failure to warn against claims made by the plaintiffs. Judge Cote begins her 37-page ruling by succinctly laying forth the pertinent legal framework regarding the preemption concept. She says that J&J’s preemption claim is invalid because no federal laws or regulations precluded J&J from including a warning on Tylenol concerning the dangers of exposure while pregnant. When she rejected a Walmart preemption motion in November last year, Judge Cote came to the same conclusion.

Apr 20, 2023: Judge Requests Government Opinion regarding Tylenol Warning Labels

A federal judge has consulted the government over the Class Action for the Tylenol lawsuit. Those plaintiffs have suggested adding a notice that frequent use while pregnant increases the risk of ADHD and ASD. Although the monograph on acetaminophen does not include a specific pregnancy warning, labels for items containing the drug must adhere to guidelines that mandate a general pregnancy warning. The judge has asked the government to comment on whether or not acetaminophen labels should include the proposed warning from the plaintiffs.

The FDA’s willingness to express an opinion will be an interesting development. It might be more than fascinating if the FDA truly expressed a viewpoint. According to 21 C.F.R. 10.85(j):

• Although not a legal obligation, a recommendation could be used in judicial or administrative proceedings to highlight unacceptable and acceptable practices or standards.

We’ll have to wait and see if the FDA is willing to dip a toe into that deep water.

Apr 13, 2023: What a Tylenol Warning for ADHD and Autism Would Look Like

The plaintiff was asked by Judge Cote what a Tylenol ADHD/autism warning should resemble. According to Tylenol autism attorneys, it should be as follows:

• Autism/ADHD: According to some research, using this product frequently while pregnant may raise your child’s risk of developing attention deficit hyperactivity disorder and autism. Suppose you utilize this medication to treat fever and/or pain while pregnant. Utilize the smallest feasible dose for the most transient time and with the lowest frequency possible.

If selling acetaminophen is your only priority, it is easier to think of a defense for the current warning on the packaging.

Apr 9, 2023: Autism

The CDC recently revealed data showing a rise in the number of youngsters in the U.S. receiving an autistic spectrum disorder diagnosis. According to recent studies, 36 children in the United States have an autism or ASD diagnosis.

Mar 31, 2023: Expert Discovery

An order governing the discovery of expert testimony was released yesterday by The acetaminophen-ASD-ADHD MDL judge dispute.

Despite the defendants’ protests, the court decided that the expert discovery timetable should include expert and rebuttal testimony. The plaintiffs have until Mar 15 to reveal if they plan to appoint a fetal medicine expert. The plaintiffs informed the defendants on Mar 17 that they could submit a rebuttal report but would not be submitting an affirmative expert opinion. On Monday, the case got before the court against the defendant’s objections. The plaintiffs must inform the court by Apr 4 if they intend to file an affirmative specialist report on pregnancy medicine by Jun 16. If they do, the plaintiffs can only present a rebuttal report.

According to the history, the plaintiffs disclosed six primary areas of causation last month. The defendants included maternal-fetal medicine as an extra field. The plaintiffs’ attorneys believe they can satisfy their responsibility of proof for known causation without the assistance of a maternal-fetal medicine specialist. However, plaintiffs seek to secure the right to contact a rebuttal expert, which is common sense, because they have yet to learn what a defense expert may say. It is difficult to comprehend why the defense attorneys objected.

The majority of you would prefer something else to this inside baseball. Still, the more critical issue is that it is difficult to think of an MDL class action progressing more quickly than this one.

Mar 27, 2023: Approval of the Fact Sheet

Judge Cote recently authorized a Plaintiff Fact Sheet (PFS), which all plaintiffs within the MDL for the Tylenol and autism must complete. The PFS is longer—35 pages—and more thorough than the normal mass tort fact sheet. Essential details like product dates and user names are needed for the PFS. However, most of the PFS devotes itself to the plaintiffs’ (both the children and the parents) genetic and medical background. This portion is mainly concerned with finding those plaintiffs who have genetic risk factors for ADHD or autism, which would undermine their argument that acetaminophen use while pregnant caused autism.

A Plaintiff Fact Sheet: What Is It? The PFS is a form that every plaintiff in an MDL class action must complete and submit to the court. The PFS is a thorough questionnaire used to compile data on the background, health history, and other pertinent details of the claimant, and it resembles interrogations.

Mar 10, 2023: Number of lawsuits

One hundred seven cases are still pending as of Mar 1 within the acetaminophen autism/ADHD class action lawsuit. Once the class action MDL started a few months ago, there were 80 cases.

Mar 9, 2023: Similar Movement, Different Day

The plaintiffs just submitted a memorandum in response to J&J’s dismissal motion. J&J is dismissing the Tylenol claims because the federal preemption doctrine prevents them. J&J claims that preemption occurs since the FDA regulates and is bound by federal law regarding Tylenol warning labels.

J&J’s unsolvable issue is that Judge Cote previously rejected the same federal preemption claim when she denied Walmart’s request to dismiss, submitted in December. Next week, J&J can submit an additional brief supporting its request. If precedent is any indication, Judge Cote will make a decision swiftly.

Feb 25, 2023: Quickly Proceeding Litigation

MDL Judge Denise Conte is moving quickly to resolve the logistical issues in the early phases regarding the Tylenol autism class action. Judge Conte recently released a new Order that codified the procedure, regulations, and timetable for expert witness depositions and fact discovery. It is now possible to start those depositions, and they will be significant in October when Judge Conte intends to decide on the admissibility of the plaintiff’s causation evidence. If the decision is not reversed on appeal, it will determine how the case will proceed.

Feb 11, 2023: Plaintiff’s Fact Sheet

By Feb 28, 2023, the parties will turn in joint or opposing plaintiffs’ fact sheets.

What does the term “fact sheet” signify to you? In an MDL class action, the plaintiffs’ needed biographical history is contained in the plaintiffs’ fact sheet. The fact sheet contains details about the plaintiff, the harm they have experienced, and the defendants, including the legal arguments they rely on.

The fact sheets serve a variety of functions, including one of which is to find patterns and joint problems in the claims. Gaining an understanding of the litigation’s extent is crucial for settlement negotiations. This data also determines which litigation will be the “bellwether trial” or the first one to go to trial.

Feb 3, 2023: Litigation Grows

Tylenol autism claims are still being filed in increasing numbers in the MDL federal courts. However, the MDL class action lawsuit does not encompass specific comparable actions brought in state courts (especially in California). Last week, Judge Cote issued an order detailing a procedure for coordinating discovery with proceedings within the state courts to foster greater collaboration between state and federal court cases. The order permits access to MDL discovery in state court proceedings.

Jan 31, 2023: Class Action for Tylenol Hearing

The parties turned in opposing discovery strategies yesterday. The plans will be discussed at the hearing tomorrow at 3:00.

Judge Cote operates quickly.

Jan 20, 2023: Judge Outlines Plan for MDL Discovery

Last week, the judge regarding the MDL for the Tylenol and autism released an Order outlining her preliminary discovery strategy. The approach will primarily concentrate on developing the scientific data proving a causal relationship between acetaminophen use while pregnant and autism.

Phase One of the discovery process will involve the production of documents by Johnson & Johnson, the company that invented acetaminophen. The emphasis of all of this research will be the association between Tylenol use during pregnancy and autism. Before the cases get to trial, the objective is to uncover the available scientific evidence thoroughly.

Jan 11, 2023: The Judge Creates It Simpler for Filing an Acetaminophen Lawsuit

This week, Judge Denise Cote of the Tylenol autism MDL granted a Short Form Complaint. The Short Form Complaint will now be used by all prospective plaintiffs in the MDL when submitting their cases.

Why does this matter? As a result of the removal of the lengthy list of allegations, it is now simpler to bring a Tylenol case. Instead, your short-form lawsuit refers to the claims made in the class action’s master complaint.

New cases may already be filed directly to the MDL, citing Judge Cote. Combining the two steps could significantly increase the recent Tylenol autism cases filed this year.

Jan 9, 2023: Transfer of Recent Tylenol Autism Lawsuit from Florida to New York

An instance of an acetaminophen claim initially filed in a Florida federal court and later moved to the New York class action MDL is Smith v. Walmart (0:22-cv-62092), a recent Tylenol autism complaint. Walmart is the lone defendant listed in the case. The plaintiffs, the mother, and her child claim that the mother’s usage of Equate, Walmart’s brand of Tylenol, throughout her labor contributed to the child’s development of autism.

Remember that if you file a Tylenol action in federal court in Pennsylvania, Ohio, California, or anywhere else in the nation, it will be moved to New York for the combined litigation containing all these claims.

Jan 1, 2023: A special master appointed in the Tylenol lawsuit

The Tylenol autism MDL has appointed Randi Ellis as the Census Special Master. She will therefore be in charge of creating a system that allows the coordinated gathering of essential data and information from each plaintiff in the case to make that information accessible to the parties, including the court. Mass tort lawsuits are nothing new to Ms. Ellis, and in 2022, she will serve as Special Master in several more MDLs.

Dec 26, 2022: Directly Filing a Lawsuit in the Class Action Case

The defendants & plaintiffs presented their suggested discovery plan to MDL Judge Denise Cote prior to Christmas after disagreeing on a single strategy.

Judge Cote preliminarily adopted the defendants’ strategy in an Order she issued last week. She urged the parties to collaborate on a combined report before their January status conference.

Dec 15, 2022: Directly Filing a Lawsuit within the Class Action Lawsuit

By the end of this week, the judge assigned to the MDL for the Tylenol and autism must submit a “master’s complaint.”

All upcoming cases filed or moved into the MDL will be covered by the accusations in the master’s complaint. The Short Form Complaint (SFC) will be used for all new instances in the future. The parties have until Jan 4, 2023, to submit a joint SFC, according to the MDL judge.

Dec 13, 2022: Class Action for Tylenol Proceeding Quickly

The plaintiffs must submit a master complaint before the end of the week, which will be used in all upcoming cases in the Tylenol autism MDL. By Jan 4, 2023, all newly filed lawsuits in the class action may jointly file a Short Form Complaint.

This judge is anxious to advance the ball. She also worked swiftly on several motions to enable us to start the legal action seriously. This court knows that attorneys in significant class action litigation are actively involved and only require limited time to complete things.

Regarding important matters like protection of privacy, electronic discovery, master complaints, etc., the judge permitted the parties just two weeks from the start of the first hearing to file proposed orders. For the benefit of acetaminophen, autism and ADHD sufferers who want to have their claims ready for settlement as quickly as possible, this is how it should be done.

Dec 1, 2022: Walmart Attempts Once More

Just two weeks ago, Walmart’s move to dismiss on the grounds of federal preemption was refused by the Tylenol autism MDL Judge. Based mainly on the same justifications presented in the previous motion, Walmart now requests Judge Cote reconsider her decision.

Walmart also requests that Judge Cote halt the claims while Walmart quickly appeals the ruling. Judge Cote is likely to hold off on these motions.

The court used Strong, well-supported reasoning to deny Walmart’s preemption motion. Simply rewording Walmart’s legal arguments won’t cause her to change her mind. A long shot is also the desire for an immediate appeal. Preemption-based motions to dismiss are routinely rejected in mass tort cases, and rapid appeals are never permitted.

Nov 20, 2022: Types of Cases within the Class Action for Tylenol

Most often, we discuss autism and ADHD. However, our legal team is making cases involving:

• Kanner’s Syndrome
• Asperger’s Syndrome
• Pervasive Developmental Disorder
• Childhood Disintegrative Disorder

Nov 19, 2022: Advertising for Tylenol Lawyers Heats Up

To attract Tylenol litigation, many of the attorneys who rolled their eyes when we first brought up Tylenol and autism lawsuits have since begun to invest in television advertising. After Meso (not a mass tort, either) and Camp Lejeune, Tylenol attorneys reportedly spent more than $1.7 million on mass tort advertising during October 2022.

Nov 15, 2022: Walmart’s Request for Dismissal is Rejected

Walmart’s attempt to dismiss the case based on the federal preemption doctrine was rejected by Tylenol autism MDL Judge Denise Cote in an Opinion and Order she delivered Friday. Two months after Walmart filed its motion, the ruling was made, which is extraordinarily quick to settle this kind of motion within a class action MDL setting.

In dismissing the motion, Judge Cote stated that there was no federal preemption because Walmart was free to voluntarily add a warning concerning the use during labor of its Equate-brand acetaminophen by the appropriate FDA labeling rules. Judge Cote highlighted that, per FDA regulations, producers still need to improve their warning labels to ensure they are sufficient.

The decision is hardly unexpected. But a lot of enthusiasm is being caused by it.

Nov 14, 2022: Walmart files a motion to dismiss the class action lawsuit involving Tylenol

Walmart is asking for the Tylenol autism claims against the company to be dismissed on the grounds of federal preemption. Walmart is sued for allegedly failing to warn customers about the dangers of using its Equate brand acetaminophen pills while pregnant.

In its motion for dismissal, Walmart contends that those claims are preempted under federal law since the warnings on these products were subject to FDA regulation and could not be modified arbitrarily. The Tylenol plaintiffs argue in opposition that the relevant federal regulations and laws permitted Walmart to add cautionary statements to its product labels voluntarily.

Last Monday, Walmart submitted a supplementary statement in support of its request. Federal preemption is a frequent defense in lawsuits involving defective drugs and failure to warn. Typically, the defense is unsuccessful.

Nov 13, 2022: Class Action for Tylenol preliminary status conference

On Nov 17, 2022, in New York, Judge Denise Cote will conduct the next monthly status conference on the latest Tylenol autism class action lawsuit (Tylenol MDL-3403). Judge Cote is expected to make critical judgments and pronouncements at this conference.

Her choice of attorneys representing Tylenol to join the plaintiffs’ steering committee will come first. On behalf of every single plaintiff within the MDL class action, this committee will consult and reach a consensus. Both parties will explain how the Tylenol litigation should be managed to Judge Cote.

It is also essential to how the first hearing was perceived and felt. It will provide Tylenol lawyers with a preliminary understanding of the judge’s intended strategy for the case.

Nov 7, 2022: Defense Leadership Selected regarding Class Action for Tylenol

Judge Cote approved the defense lawyer committee’s proposed organizational structure regarding the MDL for Tylenol and autism. The group, known as the Retailer Liaison Committee (RLC), will decide together on the defense. The RLC will comprise defense attorneys for the defendants who Judge Cote has chosen through an open application process. Next week, appointments ought to be made public.

Nov 4, 2022: In unrelated litigation, Tylenol Defendants pay a $13 billion settlement

A proposed deal will halt thousands of opioid claims they are facing, according to Walmart, CVS, and Walgreens, three of the leading retail defendants within the Tylenol autism litigation. According to the proposed settlement, the three firms will give the thousands of local and state governments who filed opioid claims roughly $13 billion over the next ten years.

Why are we discussing judgments in other cases involving the same defendants? This settlement demonstrates why the same shops got sued regarding the acetaminophen lawsuits and have similarities to the Tylenol autism lawsuits.

Nov 2, 2022: Tylenol Attorneys Emerge from the Shadows

Few attorneys were treating Tylenol cases seriously just three months ago. The television ads now compete with those for Camp Lejeune. If you have young children, Facebook is bombarding you with its acetaminophen lawsuit advertising. The most significant mass tort in American history may emerge from the Tylenol autism class action lawsuit.

Oct 28, 2022: Choosing class action attorneys

The deadline for attorneys to submit applications seeking appointment to the plaintiffs’ leadership committee (PLC) has been extended to Nov 14, 2023, by the judge overseeing the latest Tylenol autism class action lawsuit in the Southern District of New York.

Through a class action MDL, the PSC decides on behalf of each plaintiff in the case in a group decision. On Nov 17, the MDL’s first monthly status conference is scheduled. At that meeting, the judge may select PLC members for the Tylenol lawsuit for autistic people.

Oct 5, 2022: New Class Action for Tylenol Lawsuit

There is now a Class Action for the Tylenol case. The Southern District of New York will house the new MDL, In Re: Acetaminophen – ASD/ADHD MDL No. 3043, which will be presided over by Judge Denise L. Cote. This MDL class action litigation will be Judge Cote’s ninth overall.

There will be an immediate transfer of more than 80 pending acetaminophen litigation to Judge Cote.

Sept 30, 2022: MDL Arguments

On a motion to combine the increasing number of autism cases in a fresh acetaminophen class action, the JPML heard oral arguments yesterday. There is currently a lot of litigation in nationwide federal districts claiming that acetaminophen use while pregnant causes autism.

The cases were asked to be combined into a new MDL in a request submitted by some plaintiffs in June. The defendants strongly object to class action consolidation, including top acetaminophen producers and merchants. JPML judges are going to make the decision.

Without a doubt, the Tylenol autism lawsuits have the potential to grow into one of the largest mass torts throughout American history. At the hearing, Judge Matthew Kennelly, a JPML member, remarked that things could get “gigantic.” It has a foreboding feel.

Sept 27, 2022: Tylenol Lawsuit Update

There are currently 87 Tylenol cases pending in seven states against retailers who sell painkillers with store brands. Walgreens, CVS, and Walmart are among the defendants.

Sept 11, 2022: Class Action Oral Arguments

On Sept 29, 2022, in St. Louis, an oral argument on combining the acetaminophen autism cases into an MDL class action lawsuit will occur before the JPML.

Several defendants have contested the MDL consolidation request. However, our Tylenol autism attorneys believe there is still a good chance that the MDL class action lawsuit will be approved. The JPML’s choice of venue, if a new MDL arises, is more uncertain. The defendants favor New Jersey, while the plaintiffs are pressing for the Northern District of California.

Aug 9, 2022: Battle to Bring a New Class Action Lawsuit Against Acetaminophen

A response in favor of the plaintiffs’ recent request for the consolidation of every Tylenol autism litigation into another MDL class action has been filed by the plaintiffs within the acetaminophen lawsuits. The Reply brief challenges the legal justifications put forth by several defendants in opposition to consolidation. The Reply claims that more than enough active cases are in the pipeline to support an MDL. The Northern District of California is again asserted in the Reply as the MDL’s most sensible venue choice.

Aug 2, 2022: Brief MDL Opposition

The motion to combine all Tylenol autism complaints into a fresh class action MDL was opposed by the defendants, who submitted documents in response to the motion. Although each defendant submitted a different objection, some common themes exist among the four briefs.

The opposition briefs point out that Tylenol autism lawsuits were merely brought against retail defendants, leaving out necessary parties (i.e., the actual acetaminophen producers).

Second, they argue that there are too many defendants and insufficient acetaminophen autism cases currently in litigation.

According to the defense opposition, the Eastern District of New York or the District of New Jersey would be the more suitable venues if the Tylenol litigation is merged. They also oppose the plaintiffs’ preferred forums.