Summary:
- Scientific studies have connected prenatal Tylenol use to children being diagnosed with neurodevelopmental disorders like autism and ADHD
- Parents whose children experience autism from prenatal Tylenol use have filed product liability lawsuits with retails that sell Tylenol
- Over 400 Tylenol autism lawsuits are consolidated in multi-district litigation (MDL) in the Southern District of New York
- Those who suffered autism from prenatal Tylenol use can file a lawsuit to pursue compensation for medical bills, wage-based losses, and loss of enjoyment of life
- The Daubert hearings happened on December 7th, 2023, to determine what evidence would be admissible in court
Tylenol, also known as acetaminophen, has been marketed as one of the safest over-the-counter medications to relieve pain for pregnant women. However, a 2021 study published in Nature Reviews Endocrinology has connected pregnant women using Tylenol and their babies developing neurodevelopmental disorders like autism spectrum disorder (ASD).
If your baby was exposed to Tylenol or generic acetaminophen in utero that led to developing autism or other neurodevelopmental disorders, you could file a product liability claim with the manufacturers. Some manufacturers include Mallinckrodt for generic acetaminophen or McNeil Consumer Products Co. (a wholly-owned Johnson & Johnson subsidiary) for Tylenol.
Retailers like CVS, Walmart, Walgreens, and Costco have been looked at for their role in selling Tylenol despite it leading to autism. It’s essential to speak to the Tylenol autism lawyers at The Russo Firm to discuss your options for pursuing compensation through a product liability claim. We can help you assess how this happened, who could share liability, and how you can put yourself in the best position to receive compensation for damages.
Why Choose Russo Law Firm for Help With Your Tylenol Austim Product Liability Claim?
As a new parent, your worst nightmare is realizing that your baby has developed a serious disorder not long after birth. A neurodevelopmental disorder like autism spectrum disorder can affect how your baby learns, communicates, and moves.
Although a settlement or award cannot heal the emotional pain, a product liability claim is an avenue for you to obtain justice and compensation for the pain caused to you and your child. The product liability lawyers at Russo Law Firm can assist you with pursuing compensation for damages caused by defective drugs.
Choosing Russo Law Firm means allying with a top personal injury law firm with over 25 years of experience in helping victims pursue compensation. Do not go through the legal maze involved in product liability claims alone. Contact Russo Law Firm today for a free consultation with our product liability lawyers to learn how we can help you through this daunting process.
Russo Law Firm Case Results
On top of helping victims of product liability, The Russo Firm has also helped other personal injury victims, such as victims of slip and fall, truck and car accidents. No matter how you suffer, our personal injury lawyers will use their expertise and resources to pursue fair compensation for the damage you suffered.
Don’t just take our word for it. The following are some of the case results our personal injury lawyers have earned for our clients:
- $3.3 Million Automobile Accident Against Drunk Driver
- $2.4 Million Medical Malpractice Misdiagnosis
- $2.0 Million Wrongful Death Trucking Accident
- $1.75 Million Product Liability Jury Award for Crushed Hand
Tylenol Usage During Pregnancy
Tylenol is an over-the-counter medicine used to ease pain and fever symptoms. Women can suffer from pain symptoms during pregnancy, including back pain, abdominal pain, and cramps.
Tylenol has been considered to be the safest option for pain relief during pregnancy, so much so that up to 65% of women use Tylenol during their pregnancy. The use of Tylenol has to do with how it can relieve pain and the belief it has no connection to miscarriages or congenital disabilities.
The Relationship Between Tylenol and the Development of Autism and Other Neurodevelopmental Disorders
Tylenol’s reputation as a safe over-the-counter pain relief option has changed in recent years based on research conducted by Yale University and John Hopkins University. This scientific study suggested a connection between prenatal use of Tylenol or acetaminophen and children developing neurodevelopmental disorders, such as autism spectrum disorder (ASD) and ADHD.
Criticism of Tylenol use during pregnancy intensified when multiple medical experts penned a consensus statement in 2021 published in Nature Reviews Endocrinology that warned pregnant mothers of the spiked rates of autism spectrum disorder in children with mothers who used acetaminophen.
What Does the Consensus Statement Say About Tylenol Causing Autism?
Their research study states, “Increasing experimental and epidemiological research suggests that prenatal exposure to APAP (Acetaminophen) might alter fetal development, which could increase the risks of some neurodevelopmental, reproductive, and urogenital disorders.”
Manufacturers of Tylenol and generic acetaminophen are coming under fire for failing to warn parents of the risk of neurodevelopmental disorders presented by the use of it during pregnancy. Parents whose children develop autism or ADHD from Tylenol can attempt to hold its manufacturers accountable for their negligence.
Product Liability Claims With Tylenol Manufacturers for Failure to Warn
Product liability claims are those levied against manufacturers, designs, sellers, and distributors to hold them responsible for defective or dangerous products. These parties make a product with defective design manufacturing defects or without warning consumers of potential adverse effects of using the product.
Victims of Tylenol and acetaminophen causing autism and other neurodevelopmental disorders can file product liability claims against the makers and sellers of these products for failing to warn of this possibility.
Manufacturers and sellers of Tylenol have promoted their product as a safe over-the-counter pain reliever for pregnant women despite the strong causal link to children developing autism spectrum disorder. They have yet to address these concerns publicly or adjust their marketing to warn the public of possible neurological damage to babies in utero.
What are Neurodevelopmental Disorders?
Neurodevelopmental disorders are those that affect the functioning of the brain. Although they can be mild and not have a large effect on a person’s daily life, the disorders can also be severe and cause catastrophic impairment that requires long-term care.
These disorders, such as autism, ADHD, and schizophrenia, affect how the brain functions and alter neurological development. Someone living with one of these disorders can struggle with learning, developing relationships, and holding a job.
The following are some of the ways a neurodevelopmental disorder can affect someone:
- Memory problems
- Inability to stay focused
- Issues with retaining information
- Reduced social grace
- Disorganized thoughts
- Withdrawing from friends and family
- Impulsivity and hyperactivity
- Difficulty communicating
Neurodevelopmental disorders often emerge in children. As a parent, look out for these symptoms and take your child to a doctor to diagnose the disorder early so you can adjust parental strategies to accommodate your child.
If you used Tylenol or acetaminophen during pregnancy, you could file a Tylenol lawsuit against the at-fault party’s insurance company to pursue compensation for neurodevelopmental disorder damages. Tylenol manufacturers can share liability in product liability claims for failing to warn consumers about the neurodevelopmental issues presented to children.
What is Autism, and How Does it Affect a Newborn Child?
Autism is a neurodevelopment disorder that encompasses a broad range of challenges with social skills, repetitive behaviors, speech, and nonverbal communication. According to the Centers for Disease Control, one in every 44 children is affected by autism spectrum disorder.
Since autism is a spectrum disorder, it does not affect everyone the same way and can present each person with different challenges. Autism can be accompanied by other medical issues, such as gastrointestinal disorders, seizures, sleep disorders, depression, and anxiety.
Symptoms of Autism in a Newborn
Signs and symptoms of autism spectrum disorder can appear as early as age 2 or 3, with some development delays appearing even earlier. Intervention at early signs of autism can lead to positive developments and help someone live with autism.
The following are some of the symptoms of autism:
- Avoiding eye contact
- No facial expressions or responding to their name by nine months of age
- Few or no gestures by 12 months of age
- Lack of shared interests with others their age
- They don’t notice when others are hurt or upset
- Repeating words or phrases
- Repetitive way of play
- Upset by minor changes
- Delayed language and movement skills
- Unusual eating and sleeping habits
- Hyperactive, impulsive, or inattentive behavior
What Other Disorders and Issues Can Tylenol Use Cause for Newborns?
Autism spectrum disorder is not the only health complication that can arise from Tylenol and acetaminophen use during pregnancy. One of the most common mental disorders affecting children that can result from Tylenol use is attention deficit hyperactivity disorder (ADHD).
ADHD is classified by inattention, hyperactivity, and impulsivity. This chronic and debilitating disorder can affect the way a child develops as a professional and student, how they interact with others and develop relationships, and can lead to poor self-esteem and social functioning.
The following are some of the other health issues caused by Tylenol use by pregnant mothers:
- IQ level deficits
- Behavioral issues
- Early puberty in girls
- Male fertility problems
- Undescended testicles
Filing a Product Liability Claim for Autism Caused by Tylenol
Currently, there are no product liability lawsuits filed against makers of Tylenol and generic acetaminophen, as litigation against large manufacturers can be difficult to win. However, many lawsuits have been filed against major retailers who sell acetaminophen products for failure to warn of its harmful effects. Retailers do not want to be subject to intense public scrutiny and criticism, so they are more likely to negotiate than drug manufacturers.
Tylenol and Acetaminophen Lawsuit
Many lawsuits have been filed against major retailers, Johnson & Johnson, and generic acetaminophen makers for their role in not warning the public of the negative health effects of the drugs. With this large amount of lawsuits, there has been a recent motion for the cases to be consolidated into multi-district litigation (MDL) Tylenol autism class action lawsuit.
This MDL aims to consolidate all cases before a single judge to promote consistency in discovery, streamline litigation, and increase the odds of a global settlement. The plaintiffs want to consolidate into an MDL that would be placed in the Northern District of California or the Eastern District of New York.
Tylenol Lawsuit Plaintiffs Combat MDL Consolidation
However, the defendants have filed motions to combat this consolidation attempt because the plaintiffs have only filed complaints against retailers and not the manufacturers of acetaminophen, whom they view to be the real parties that need to be held accountable.
They also contend that there are not enough Tylenol autism lawsuits for consolidation to be necessary. If an MDL consolidates, the plaintiffs believe the District of New Jersey would be the most suitable venue.
September 2022 Tylenol Autism MDL Update
On September 29th, 2022, the Judicial Panel on Multi-district Litigation (JPML) heard oral arguments for the plaintiff’s motion to consolidate all 87 Tylenol autism lawsuits. The JPML has not made an official decision as of right now, but the size of this case continues to grow.
More Tylenol autism lawsuits are being filed across multiple districts, with defendants including Walgreens, CVS, and Walmart. The case could escalate to one of the largest mass torts in United States history as parents look to recover compensation for failure to warn of Tylenol’s negative effects leading to autism and other neurodevelopmental disorders.
December 2023 Tylenol Autism MDL Update
The Tylenol autism lawsuits consolidated into a multi-district litigation (MDL) in October 2022. There are now over 400 cases pending in the Tylenol autism MDL. Over the last year, there have been many updates as the consolidated lawsuit has moved toward trial.
The following are some recent Tylenol autism lawsuit updates:
- Plaintiffs that join the Tylenol autism MDL must file a plaintiff fact sheet to provide specific information about their case
- The plaintiffs proposed a new Tylenol warning label that would caution consumers about prenatal Tylenol use causing autism and ADHD
- In September 2023, a new study provided more scientific evidence suggesting prenatal Tylenol use can cause autism in children
- The Daubert hearings occurred on December 7th, 2023, which is where both sides made their case for which evidence would be admissible in court
- Judge Cote set January 4th, 2024, as the date for the settlement scheduling telephone conference
What Damages Can You Pursue for Autism Caused by Tylenol Use?
Like all other personal injury cases, you can pursue compensation for damages caused by Tylenol. Autism and other neurodevelopmental disorders can majorly alter the way your child’s life can progress, possibly leading to high costs for therapy and schooling. There’s also how it can affect a parent, with the emotional pain and suffering attached to seeing your child struggle.
You can pursue two types of damages in a personal injury claim: economic and non-economic. Economic damages are those that have a monetary value attached to them. This can include medical bills, lost wages, and funeral costs. Non-economic damages are intangible damages without a monetary value, such as pain and suffering, mental anguish, and loss of consortium.
How Much Compensation Could Plaintiffs Recover for Their Tylenol Autism Damages?
The severity of your child’s autism determines how much compensation you could receive. Most mass tort cases do not go to trial and instead end with a settlement made out to each plaintiff. Early projections have plaintiffs receiving six figures from settlements for Tylenol autism lawsuits.
Plaintiffs will not know how much they could receive until the bellwether trials. These test trials involve certain cases going to court, allowing the plaintiffs and defendants to see how juries respond to evidence.
How Can a Product Liability Lawyer Help You Pursue Compensation for Autism Caused by Tylenol?
Wading into the complicated world of product liability and MDL law takes a professional with specific experience in these areas of law. You should look for a product liability lawyer who can handle this process so you can focus on your child’s wellbeing. Hiring a lawyer with product liability and mass tort experience can help as you attempt to join the Tylenol autism MDL.
A Tylenol autism lawyer can help keep you up to date on how the MDL process is developing and how you can work toward pursuing compensation. In all likelihood, how the MDL progresses will determine your compensation, but a Tylenol autism lawyer can still be a helpful resource should something go wrong and you need another option to pursue compensation.
Contact Russo Law Firm for Help Pursuing Compensation for Autism Caused by Tylenol
Realizing your child has developed a neurodevelopment disorder can make a parent feel like their whole world is crashing down. The last thing a parent wants for their child is for their life to be altered by a disorder, especially when the development of the disorder could have been prevented.
If you or your partner used Tylenol and your child developed autism spectrum disorder as a result, you should contact a product liability attorney to determine the best path for pursuing compensation. The experienced product liability lawyers at Russo Law Firm have in-depth knowledge of product liability law and how to best proceed in a claim with a drug manufacturer.
Having dealt with their insurance companies in the past, they will have the experience necessary to put you in the best position to recover for damages caused by Tylenol. Our product liability lawyers have helped victims of defective drugs like Invocana, Xarelto, and Valsartan recover compensation for their injuries, and they can do the same for you and your baby for damages caused by Tylenol.
Contact our product liability and defective drug attorneys today to see how they can help you recover compensation that can help pay for medical bills, therapy, and pain and suffering. Contact us for a free Tylenol autism lawsuit consultation today at (561) 270-0913, or leave a message on our online contact page.
Frequently Asked Questions About the Tylenol Autism Lawsuit
How Will Bellwether Trials Affect the Tylenol Autism MDL?
Bellwether trials are test trials where both sides of a mass tort can see how juries will respond to the case’s evidence. The result of bellwether trials usually begins the process of negotiating a settlement, as one or both sides may not want to see more court cases that could cost more money or affect their position.
These test trials could also affect the value of the global settlement. For example, a bellwether trial that finds the defendants liable for damages could lead the plaintiffs to ask for more money when negotiating a settlement. However, the inverse is also true, as the defendants could attempt to limit the settlement if they receive a successful ruling in a test trial.
When Can Plaintiffs Expect a Tylenol Autism Settlement?
It’s unclear when Tylenol autism plaintiffs could receive a settlement to pay for their damages. Plaintiffs will not know when settlements could come (if they come at all) until after bellwether trials commence. The result of the bellwether trials could accelerate the MDL toward a resolution that pays plaintiffs for their specific damages.
Who is Eligible to Join the Tylenol Autism MDL?
You can file to join the Tylenol autism MDL if you or your partner used Tylenol during pregnancy and your child developed autism. Those who wish to join must have evidence that establishes they used Tylenol during their pregnancy, such as receipts, used Tylenol containers, or a doctor’s note.
Anyone who wishes to join the Tylenol autism MDL should contact a product liability lawyer today to see if they have a case to join the mass tort. A product liability attorney can assess the details of your case and use their product liability expertise to help you pursue compensation for Tylenol autism damages.