Tylenol, also known as acetaminophen, has been marketed as one of the safest over-the-counter medications to relieve pain and fever symptoms for pregnant women. However, a 2021 study published in the journal Nature Reviews Endocrinology has drawn a connection between pregnant women using Tylenol and their babies developing neurodevelopmental disorders, with autism spectrum disorder (ASD) being the most commonly found through testing.
If you or your baby was exposed to Tylenol or generic acetaminophen in utero that led to your baby developing autism or other neurodevelopmental disorders, you could file a product liability claim with the manufacturers of Tylenol or generic acetaminophen. 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, Costco, and other sellers of Tylenol have been looked at for their role in selling Tylenol that leads to autism spectrum disorder. It’s essential to speak to the Tylenol autism lawyers at Russo Law 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 to help put their lives back on track.
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, Russo Law 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:
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- $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 pregnant females 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 study suggested a connection between a mother’s use of Tylenol or acetaminophen during pregnancy and their child developing a neurodevelopmental disorder, such as autism spectrum disorder 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 that used acetaminophen.
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 the medicine during pregnancy.
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 a defective design, send out a product with manufacturing defects, or failed to warn 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.
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 product liability claim against the at-fault party’s insurance company to pursue compensation for neurodevelopmental disorder damages.
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 Center 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 strengths and 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 multidistrict 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.
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, and, if an MDL occurs, the District of New Jersey would be the most suitable venue.
The Most Recent Update on the Tylenol Autism MDL
On September 29th, the Joint Panel on Multidistrict 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.
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 the way it can affect a parent’s life, 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 damages and non-economic damages. Economic damages are those that have a monetary value attached to them, such as medical bills, lost wages, and funeral costs. Non-economic damages are intangible damages that do not have a monetary value, such as pain and suffering, loss of enjoyment of life, and loss of consortium.
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.
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.
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 this MDL progresses will determine how much compensation you could receive, but a Tylenol autism lawyer can still be a helpful resource should something go wrong and you need to look for 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. Schedule a free consultation by calling us at 844-847-8300 or leaving a message on our online contact page.