Tylenol and Acetaminophen Autism Spectrum Disorder Lawsuits
Numerous studies have suggested a link between acetaminophen and Tylenol use during pregnancy and the development of autism spectrum disorder (ASD) in children. People who used Tylenol, Paracetamol, Excedrin, Goody’s, or Backaid Inflammatory Pain Formula while pregnant and had children later diagnosed with ASD may be entitled to compensation for the diagnoses.
Other over-the-counter (OTC) drugs like Mucinex, Robitussin, Alka-Seltzer Plus, and NyQuil/DayQuil may include acetaminophen.
Our legal team is looking at claims on behalf of people whose unborn children acquired autism after consuming one of those acetaminophen medicines while they were pregnant.
We will use the knowledge and expertise that has helped our customers succeed in your situation. Call us immediately.
What Is The Tylenol Autism Lawsuit?
Parents who allege that taking Tylenol (or generic acetaminophen) while pregnant led to their child being diagnosed with ADHD, autism, or other neurodevelopmental issues have filed the massive Tylenol Autism Lawsuit in the U.S. The details you require to decide if you qualify for a possible Tylenol-autism claim settlement are included below.
Numerous product liability cases are being brought against the distributors of Tylenol and generic acetaminophen (commonly known as Paracetamol, which is its chemical name). These class action lawsuits allege that the product’s manufacturers and sellers negligently neglected to alert pregnant people, medical professionals, and consumers to a possible risk associated with using the items during pregnancy.
Acetaminophen use during pregnancy has been associated with an up to 30% rise in the diagnosis of conduct disorders such as attention deficit hyperactivity disorder (ADHD), autism spectrum disorder (ASD), hyperactivity, and other conduct-related disorders in children. The association between autism and Tylenol has received the most research. The studies’ size, consistent methodologies, and “robust” designs support the hypothesis that paracetamol usage during pregnancy increases the likelihood that a child will be diagnosed with a neurodevelopmental problem.
What Do We Know About Tylenol and Autism Lawsuits?
The plaintiffs in the Tylenol autism MDL claims contend that their usage of over-the-counter generic acetaminophen medications while pregnant exposed fetuses to the drug, which led to the development of attention deficit hyperactivity disorder (ADHD), autism spectrum disorder (ASD), or both, in the plaintiffs’ children.
Johnson and Johnson, significant merchants, as well as the distributors of generic acetaminophen, were named as defendants during the acetaminophen autism litigation.
The U.S. Judicial Panel on Multidistrict Litigation (JPML) claims that there are several similar issues of fact among the lawsuits:
- Whether acetaminophen exposure during pregnancy can result in ASD and ADHD
- According to studies that claim to link acetaminophen to ASD and ADHD, among other things, whether and when defendants know or should have known about the danger is up for debate.
- The purported function and potential accountability of suppliers of common APAP products
As a result, the general cause, supporting research, and regulatory history of the MDL actions are similar.
This overlap of critical factual problems, parties, and claims, in the JPML’s opinion, called for the establishment of a single MDL. Due to a Transfer Order, the pretrial proceedings were centralized in the Southern District of New York under the Honorable Denise L. Cote on Oct 5.
Initially, there was seven districts’ worth of 18 pending actions, but this number keeps increasing. MDL 3043 (IN RE: Acetaminophen – ADHD/ASD Products Liability Litigation) had 107 proceedings open as of Mar 16, 2023.
What Are APAP, Tylenol, and Autism Spectrum Disorder's Primary Legal Issues?
Within MDL No. 3043 (in re: Acetaminophen – ASD/ADHD Products Liability Litigation), the defendants are accused of knowing or having reason to know that taking acetaminophen and Tylenol during pregnancy causes autism in children.
Who Can File an Acetaminophen/Tylenol and Autism Lawsuit?
Our attorneys are looking into cases where the damaged “child” is under 18 and diagnosed with autism or ASD.
We advise you to keep all potential documentation, such as:
- Information from loyalty programs at grocery stores or pharmacies
- Whatever additional supporting documents you may have to demonstrate using acetaminophen products.
Who Are the Defendants in a Case Involving Acetaminophen and ASD?
Defendants in these instances would include the manufacturers of branded acetaminophen OTC drugs, such as:
- Alka-Seltzer Plus
- Backaid Inflammatory Pain Formula
The store that sold the medicines might be mentioned in the lawsuit if the mother of your child used generic acetaminophen items. Examples comprise:
- Duane Reade
What Amounts Are Recovered in an Autism and Tylenol Lawsuit?
Tylenol autism claims are increasing, but none of them have been resolved or have gone to trial. As a result, there are no figures to provide at this time.
Despite this, the evidence supporting the link between autism and acetaminophen seems solid. The defendants for these actions also have very deep funds, which could lead to significant settlements and jury awards.
In some cases, juries might view a payout as the affected children’s only chance to receive compensation for their lifelong ASD, which could lead to lenient verdicts.
The degree of the child’s autism would determine how much money the plaintiff would be awarded in a Tylenol and autism lawsuit. Higher case values would result from severe circumstances where a youngster needs lifelong medical care.
The presence of additional risk factors, such as problems during delivery or pregnancy or a family history of autism, could impact settlement and payout results.
What Is the Purpose of Tylenol?
The U.S. Food & Drug Administration states that acetaminophen, known as Tylenol, treats fever and pain. Numerous medications, prescription and over-the-counter (OTC), contain it as an active component.
Thousands of millions of individuals use acetaminophen. In the United States, medicine is used weekly by more than 60 million people, according to data presented at the National Library of Medicine in 2023. The acetaminophen API industry is estimated to be worth $1.15 billion globally.
Although acetaminophen’s route of action “is not clearly understood,” researchers admit that the medicine has been marketed as safe to take during pregnancy.
According to studies, up to 65% of pregnant women utilize APAP.
In response to reports raising concerns regarding the safety of over-the-counter and prescription over-the-counter pain medications during pregnancy, the agency released a drug safety communication statement on Jan 9, 2015.
The FDA advised consumers to “carefully weigh the outcome of the benefits and risks of utilizing the prescription drug as well as OTC pain medicines as part of pregnancy.” The FDA acknowledged that medications like nonsteroidal anti-inflammatory drugs (NSAIDs), acetaminophen, and opioids help ease persistent and severe pain during pregnancy—thereby avoiding the depression, anxiety, and high blood pressure which could accompany untreated pain.
What is Acetaminophen?
Acetaminophen, also known as Paracetamol, is a commonly used over-the-counter medication and a widely recognized analgesic (pain reliever) and antipyretic (fever reducer). It is one of the most frequently used drugs for managing mild to moderate pain and reducing fever.
Acetaminophen is available in various forms, including tablets, capsules, liquid suspensions, and even combined with other medications, such as cold and flu remedies. It is widely accessible and is often considered a first-line treatment for conditions like headaches, toothaches, muscle aches, menstrual cramps, and minor pain associated with arthritis.
The precise mechanism of action of acetaminophen has yet to be fully understood. Still, it is believed to work by inhibiting certain enzymes called cyclooxygenases (COX) in the brain, which may help reduce the production of pain-causing chemicals called prostaglandins. Unlike nonsteroidal anti-inflammatory drugs (NSAIDs) such as aspirin or ibuprofen, acetaminophen has limited anti-inflammatory effects and primarily focuses on pain relief and fever reduction.
Acetaminophen is generally considered safe when used as directed. However, following the recommended dosage and avoiding exceeding the maximum daily limit is crucial, as high doses or prolonged use can lead to liver damage or other adverse effects. Individuals with liver disease or who consume alcohol regularly should exercise caution and consult a healthcare professional before using acetaminophen.
As with any medication, it is essential to read and follow the instructions and warnings on the packaging, especially regarding potential drug interactions and contraindications. If symptoms persist or worsen, seeking medical advice from doctors or specialists for a proper diagnosis and alternative treatment options is advisable.
What Is Autism Spectrum Disorder?
According to the Mayo Clinic, ASD is “a brain-developmental disorder that affects how an individual perceives and interacts with others, leading to difficulties in social communication and interaction. Additionally, the disorder includes restricted and consistent behavioral patterns.
The term “spectrum” describes autism because the disorder has symptoms and severity that can range widely.
There is currently no treatment for ASD.
Symptoms of Autism
In the initial year of a child’s life, the symptoms and signs of autism typically appear. Children with ASD may appear to develop generally over the first year of life before regressing between 18 and 24 months. Autism signs start to appear at this point.
- Not reacting when called by name
- Preferring to play by themselves and withdraw into their world
- Face expression is lacking, and there is little eye contact.
- Absent or delayed speech
- Initiate or inability conversation
- Abnormal speaking voice, occasionally with a sing-song beat or a robotic tone
- Repetition of phrases and words
- The apparent failure to understand basic instructions or questions
- Lack of emotional expression
- Awareness of the emotions of others
- Inability to read nonverbal clues
- Repetitive movements
- Self-destructive behaviors, such as head banging
- Having trouble moving or having a stiff body language
- The fascination with minute features of objects, such as the motion of a wheel
- Unusual sensitivity to touch, light, or sound
- Strong preferences for certain foods
- Fixates on things or activities
Share your worries with your child’s doctor if you, as a parent, are worried about your child’s growth. To find severe delays, a doctor can run testing.
Since Tylenol use has been linked to autism, Do you have a Tylenol Autism claim?
Suppose your child has been diagnosed with ADHD or Autism Spectrum Disorder, and you think you or your child may have been exposed to large amounts of Tylenol or generic acetaminophen during pregnancy. In that case, you may be able to file a product liability claim against Mallinckrodt, the company that makes generic acetaminophen, or McNeil Consumer Products Co., a fully-owned subsidiary of Johnson & Johnson. We also examine claims and potential acetaminophen and/or Tylenol cases against companies like CVS, Costco, Walgreens, and Walmart at Hinds Injury Law Las Vegas.
These cases are frequently settled outside of court, but the terms of these settlements might vary based on several variables. The possible worth of your claim will be significantly influenced by the degree of fetal interaction with acetaminophen and your child’s clinical manifestation and diagnosis.
Call (702) 940-1234 immediately if you have concerns about whether you qualify to file a Tylenol-Autism Claim, how much the settlement might be worth, or anything else related to this significant legal action.
Tylenol Lawsuit News Updates
Let’s grasp the Class Action for the Tylenol case before we discuss the specifics concerning the Tylenol autism lawsuits. The Southern District of New York will receive your claim for pretrial discovery once you file your Tylenol lawsuit in federal court in New York, Texas, California, Florida, or any other state.
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.
Research or Studies Linking Autism and Tylenol
Over the past few years, acetaminophen use during pregnancy has been linked to an increased chance of the child developing ADHD or autism spectrum disorder, according to research from prestigious schools or universities, scientists, specialists, and doctors.
Nature Reviews Endocrinology (September 2021)
“A Call for Precautionary Action Regarding Paracetamol Use During Pregnancy”
The conclusion of this consensus statement by a global team of eminent doctors, epidemiologists, and fundamental scientists suggested that pregnant women use acetaminophen “cautiously at the least effective dose over the shortest possible time.” The scientists also demanded that warning labels for this effect be placed on the drug’s packaging. Epidemiological studies that suggest prenatal APAP exposure may raise the likelihood of autistic spectrum disorder and other unfavorable neurodevelopmental and behavioral consequences were a contributing factor in the statement’s emergence.
Jama Psychiatry (February 2020)
“Association of Cord Plasma Biomarkers of Prenatal Acetaminophen Exposure With Risk of Attention-Deficit/Hyperactivity Disorder & Autism Spectrum Disorder in Childhood”
The authors of this study stated that they wanted to go beyond mothers’ self-reporting to understand the connection between maternal acetaminophen use better while pregnant and a higher likelihood of attention-deficit/hyperactivity disorder (ADHD) and autism spectrum disorder (ASD) in their offspring.
Nine hundred ninety-six mother-infant pairs, a subgroup of the Boston Birth Cohort, were examined in the cohort study. They were enrolled at birth and prospectively monitored at the Boston Medical Center from Oct 1, 1998, – Jun 30, 2018. In their study’s conclusion, the researchers found that “the cord biomarkers for fetal exposure to acetaminophen correlate with considerably higher chances of childhood ADHD and ASD within a dose-response fashion.” The authors “support prior studies of the relationship between perinatal and prenatal acetaminophen exposure as well as childhood neurodevelopmental risk” and “warrant additional investigations.”
JAMA Psychiatry (October 2019)
“NIH-Funded Study Suggestion Acetaminophen Exposure During Pregnancy Linked with Higher Risk of Autism, ADHD”
The John Hopkins University Bloomberg School of Public Health conducted this study, which examined data from a lengthy investigation of the factors influencing pregnancy and child development. This study, the Boston Birth Cohort, examined the acetaminophen levels in each umbilical cord blood sample through 996 newborns. Comparing children with the lowest levels of acetaminophen found in their cord blood to those with the highest levels revealed a roughly three-fold increased risk of becoming autistic.
Autism Research (September 2016)
“Maternal Acetaminophen Use While Pregnant and Risk of Autism Spectrum Disorders in Childhood: A Danish National Birth Cohort Study”
Researchers conclude that acetaminophen use while pregnant increases the likelihood of developing autism spectrum disorder. The authors emphasized the need for more information to be gathered via carefully executed observational studies.
Can acetaminophen (Tylenol) use during pregnancy result in ADHD or autism?
Some over-the-counter and prescription drugs include the active component acetaminophen. According to studies, acetaminophen from the mother’s blood has been shown to pass through the placenta and reach the baby’s bloodstream.
It is well known that acetaminophen alters how the immune system and the inflammatory response work. Additionally, it might increase the sensitivity of cells to oxidative stress, a natural byproduct of regular cell metabolism. These pathways could explain how acetaminophen impacts embryonic brain development.
The effects of acetaminophen on a developing baby’s brain are currently unknown, and research in this area is still in its early stages. Consult your doctor if you have any concerns about using Tylenol while pregnant.
Current Tylenol Autism Lawsuits
An increase in product liability lawsuits against large merchants that sell Tylenol or generic acetaminophen has been sparked by recent research linking Tylenol and autism. According to the claims, the businesses neglected to warn customers that taking the store-brand medication while pregnant could result in their unborn child developing autism or ADHD.
A move was submitted to the JPML in June 2022 to speed up the process, seeking that 19 cases be consolidated into multidistrict litigation under one judge. More than 30 associated cases have been brought since then.
Multidistrict litigation was authorized in September 2022.
The initial hearings against Johnson & Johnson and several shops occurred in November 2022. In the Tylenol autism litigation, the following defendants have been named:
- Costco Wholesale Corporation
- Rite Aid Corporation
- CVS Pharmacy, Inc.
- Target Corporation
- Walmart Inc.
- Walgreens Company
Walmart Inc. spokesperson Randy Hargrove criticized the drug’s producers and sellers, saying, “We expect suppliers to supply safe and high-quality products that adhere to all applicable regulations, including labeling requirements. In court, we’ll answer suitably. Walmart Inc does not make the medication.
Walmart requested an expedited appeal as of December 2022 after a judgment and order denied its plea to dismiss two related cases.
Example Tylenol Lawsuit
Springer v. Costco Wholesale Corp. (0:22-cv-1532), which was brought in the District of Minnesota on Jun 8, 2022, was one among the 47 Tylenol autism lawsuits which were initially transferred to the new MDL. Courtney Springer of Minnesota brought the lawsuit on behalf of her minor children. Costco, where the plaintiff bought the generic acetaminophen that she used while pregnant, is the only defendant mentioned in the case.
The Springer Complaint begins with general factual charges regarding the creation of acetaminophen and how it was marketed as “the safest and the most appropriate” pain medication for expectant mothers. Following these broad accusations, the scientific data demonstrating how acetaminophen use impair prenatal brain development and can cause autism is presented.
The complaint then becomes more specific, stating that Springer frequently took Kirkland brand acetaminophen from October 2016 to May 2017, which she bought from Costco. The complaint claims Springer consumed the Kirkland generic Tylenol “a few times a week.” According to Springer’s acetaminophen complaint, she took the medication under the impression that it was safe to take while pregnant. Her lawsuit highlights the central claim in every Tylenol lawsuit: the label did not contain any language indicating a potential risk of autism.
In the end, Springer’s daughter was born in May 2017. Springer’s daughter was given an autism spectrum disorder diagnosis when she was 18 months old.
Six different grounds of action are made in this Tylenol autism lawsuit:
- Failure to warn.
- General negligence.
- Express warranty breach.
- Implied warranty breach.
- Negligent misrepresentation.
- In violation of Minnesota consumer protection laws.
All of these claims in the Tylenol case have the common charge that Costco knew about—or should have known about—the link between acetaminophen usage during pregnancy and autism. Yet, he continued to market and sell his Kirkland brand generic Tylenol without disclosing that risk.
Tylenol Autism Settlement Amounts or Jury Payouts
Tylenol lawsuits for autism are recent. There hasn’t been a Tylenol autism trial or settlement. Whether these cases can gather the scientific evidence needed for these lawsuits to keep up in court has yet to be determined. Despite this, there is compelling scientific evidence between acetaminophen and autism. Additionally, many wealthy defendants can cover settlement payments and jury awards. Assuming these cases ultimately succeed, we can make assumptions about prospective settlement compensation awards.
The typical successful jury verdict may exceed $5 million.
Our lawyers say the typical jury award in a Tylenol autism lawsuit might be $5 million. We’re discussing childhood injuries that can last a lifetime. Since it is the child’s last opportunity to receive compensation for the damage they will bear for the rest of their life, jurors are ready to award large sums of money in certain circumstances.
The average settlement may reach $500,000.
Compared to a jury award, settlement money is different. A successful acetaminophen lawsuit will likely end in an average per-person payout of $200,000 to $500,000. Cases with a few compelling factual circumstances can be valued much more.
Who can file a Tylenol autism lawsuit?
Suppose you took acetaminophen or Tylenol during pregnancy, and that child was later diagnosed with ASD or ASD or ADHD. In that case, you may be qualified to make a Tylenol autism claim and seek compensation.
However, you might need to provide further details to substantiate and corroborate your claim:
- Why was acetaminophen or Tylenol used?
- What was the frequency of acetaminophen or Tylenol use during the 2nd and third trimesters?
- What dosage was consumed?
- How did the baby deliver (Vaginal birth, C-section, etc.)?
- Did the mother lose oxygen during childbirth?
- Has the infant suffered any harm as a result of the birth?
- Does the child consistently take anti-autistic medication?
- Does the child have a 504 plan, an IEP, or some other type of accommodation for a condition outside of autism?
- Is there a history of autism in either parent?
Reasons Why Some People May Not Be Eligible to File a Tylenol Autism Lawsuit
- No additional ADHD diagnosis or ASD was made.
- The mother consumed less than ten doses of generic acetaminophen or Tylenol during pregnancy.
- A mother had any of the following conditions that needed hospitalization during pregnancy: gestational hypertension, gestational diabetes, or fever or infection.
- During pregnancy, the mother took any SSRI (selective serotonin reuptake inhibitor, commonly prescribed as an antidepressant).
- A mother gave birth when she was past the age of 39.
- During pregnancy, the mother used unlawful drugs, tobacco, or alcohol.
- The mother’s first child was identified as having autism, and she did not take Tylenol or acetaminophen throughout that pregnancy.
- A pregnant mother gave delivery before 26 weeks.
- A child who was born before 2007 and/or after Mar 26, 2020
- In Connecticut, Florida, Texas, Michigan, or Florida, a woman became pregnant or gave birth.
- A child has one of the following diagnoses: Tuberous sclerosis, Tourette syndrome, Fragile X syndrome, and Down syndrome.
Can I File a Tylenol Autism or ADHD Lawsuit?
Suppose you or your child was diagnosed with ADHD and/or autistic spectrum disorder following acetaminophen exposure when you were pregnant. In that case, you might be able to file a Tylenol autism lawsuit, and pregnancy’s second or third trimester should have been the time of exposure.
If you want to protect your ability to bring a claim against Tylenol for causing autism, speak with a lawyer as soon as possible to determine if you qualify. The year you or your child were born, the amount of acetaminophen you consumed while pregnant, and other details will be brought up by attorneys.
When speaking with an attorney, be careful to bring medical records indicating a diagnosis of ADHD and/or an autistic spectrum condition. Another piece of information is proof that you used Tylenol or generic acetaminophen.
Why Choose Hinds Injury Law Las Vegas to Be Your Tylenol Autism Claim Lawyer?
A renowned litigation company in the country, The Hinds Injury Law Las Vegas, has won many dollars for compensation involving injury victims in cases including serious personal injuries, mass torts, catastrophic injuries, and product liability.
Our team has extensive knowledge of handling personal injury cases. We have the financial means to take on any prominent corporate defendant because of our nationwide product liability attorneys. Additionally, we have defended hundreds of people hurt by irresponsible and negligent business in Camp Lejeune and mesothelioma mass tort litigation.
Our law firm is financially capable of accepting a claim of this magnitude and has the expertise to manage it successfully. To prepare for this endeavor, we have been investigating allegations and examining Tylenol autism lawsuits from the outset. We were among the law firms investigating allegations that a child’s future diagnosis of ADHD or Autism Spectrum Disorder was caused by a pregnant woman’s exposure to acetaminophen.
Contact Our Lawyers About Your Tylenol Autism Lawsuit
If you experience suffering due to many generic acetaminophens or prenatal exposure to Tylenol has been linked to the development of autism or ADHD in children. The attorneys at Hinds Injury Law Las Vegas are currently investigating a case review regarding Tylenol autism lawsuits on behalf of families, parents, and legal guardians of those children.
For our clients, get a free, no-obligation consultation by calling (702) 940-1234 or contacting our experts online.