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Who is Eligible to File a Tylenol Autism Lawsuit?

Recent studies indicate that using Tylenol while pregnant could increase the risk of your child experiencing autism spectrum disorder (ASD), thus beginning the Tylenol autism lawsuit. This developmental disorder can lead to your child experiencing issues with social, learning, and movement skills. Tylenol is the leading brand of over-the-counter pain relief medicine for pregnant women, meaning many children have been exposed to autism risk in utero.

The manufacturer of Tylenol, the Johnson & Johnson subsidiary McNeil Laboratories, failed to warn consumers of the health risks associated with their product. For that reason, many parents have filed Tylenol autism lawsuits to hold the manufacturer accountable for damages caused by their negligence, such as medical bills, loss of enjoyment of life, and mental anguish.

Recently, these lawsuits consolidated into a multi-district litigation (MDL) in the U.S. Court of the Southern District of New York before Judge Denise Cote.

Tylenol Autism Lawsuits Filed to Hold Retailers Accountable for Damages

Tylenol is a popular over-the-counter pain reliever pregnant women use to relieve pregnancy-related pain. However, many women have filed Tylenol autism lawsuits because recent studies have determined prenatal use of the pain reliever can expose a child to the risk of suffering from autism spectrum disorder (ASD).

Research from the National Institute of Health (NIH) studied blood samples from umbilical cords that indicated children exposed to Tylenol consistently pre-birth have a 6.6% chance of autism diagnosis. Almost 100 researchers from America and Europe came together to release a consensus statement in 2021 warning women about the autism risk for their child when using Tylenol prenatally.

Parents whose children were diagnosed with autism after prenatal Tylenol use have filed Tylenol autism lawsuits to hold the manufacturer, McNeil Laboratories, accountable for their negligence. They assert that the manufacturer failed to adequately warn consumers on the warning label about the health risks of prenatal Tylenol use.

What are the Qualifications to File a Tylenol Autism Lawsuit?

Potential plaintiffs in Tylenol autism litigation must meet specific qualifications to file a Tylenol autism lawsuit. The child affected by autism must have an autism diagnosis from a healthcare professional on their medical records. They must also have been repeatedly exposed to Tylenol or other acetaminophen products in their mother’s womb.

It’s unlikely for Tylenol to have caused autism if the child’s mother only used Tylenol prenatally once or twice. They must have proof of repeated use of Tylenol while pregnant. The plaintiff can establish this through receipts that prove purchases of Tylenol. To recover compensation for Tylenol autism damages, the plaintiff must prove the connection between the autism diagnosis and prenatal Tylenol use.

Can a Parent File a Tylenol Autism Lawsuit on Behalf of Their Child?

In most cases, the child who has autism will not file the claim themselves because they are likely too young to handle the process. It will be too challenging for them to calculate their damages and handle the lawsuit process on their own.

However, their parent can file a Tylenol autism lawsuit on their behalf to seek compensation for damages. The parents will better understand whether consistent Tylenol use during pregnancy could have contributed to the autism diagnosis. They can gather receipts and medical records to establish Tylenol’s role in their child’s autism diagnosis.

A parent also may lack experience with product liability and defective drug lawsuits and could look for help from a personal injury lawyer. They can advise parents on the best way to seek compensation for damages and the steps involved in filing a Tylenol autism lawsuit.

How Can You File a Tylenol Autism Lawsuit?

Recently, the Tylenol autism lawsuits consolidated into a multi-district litigation (MDL) in the U.S. Court of the Southern District of New York before Judge Denise Cote. This helps plaintiffs, as it streamlines discovery, allows them to share resources, and lets them pursue compensation for their specific damages.

While this consolidation was positive for plaintiffs, it did change the process for filing a Tylenol autism lawsuit. In the past, plaintiffs could file lawsuits in their own jurisdiction. Doing that now would not be effective, as they would need to file a transfer order to join the MDL in the Southern District of New York.

Judge Cote established a system that allows plaintiffs to join the Tylenol autism MDL directly. New plaintiffs can file a short-form complaint that allows them to join the MDL directly and removes the need for the long transfer process. A product liability lawyer can help a plaintiff fill out this form to ensure no mistakes could prolong their joining of the Tylenol autism MDL.

Should You Hire a Product Liability Lawyer to Help With Your Tylenol Autism Lawsuit?

People living with Tylenol autism can suffer economic and non-economic damages, such as medical bills, pain and suffering, and loss of enjoyment of life. A product liability lawyer can help you pursue compensatory damages, as they have experience litigating lawsuits and will know what steps to take.

MDLs can have a long and complicated process that someone without law experience will not know how to handle. Hiring a product liability lawyer can ease the stress of this process and give you a trusted advisor to handle the process. They can assess the value of your lawsuit, file the short-form complaint, explain your rights, and keep you up-to-date on the MDL’s progress.

Contact The Russo Firm for Help With Your Tylenol Autism Lawsuit

The product liability lawyers at The Russo Firm can help you pursue compensatory damages caused by Tylenol autism. The manufacturer and retailers failed to warn about the product’s dangers, and we wish to help you hold them accountable for the damages they caused.

Our product liability lawyers have experience helping our clients involved in MDLs and can apply that experience to your case to help you recover fair compensation for damages. For help paying for the psychological and medical cost of an autism diagnosis, contact The Russo Firm for a free consultation at (561) 270-0913 or leave a message on our online contact page.

Article written or reviewed by:

Attorney Anthony Russo

Attorney Anthony Russo

Managing Partner and Lawyer at The Russo Firm

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