Following the Tylenol autism lawsuit consolidation, the plaintiffs that filed lawsuits have had to follow many steps to progress the multi-district litigation (MDL). One such step is filling out a Plaintiff Fact Sheet, which provides the U.S. Court of the Southern District of New York with important details from each individual lawsuit.
Mothers who use Tylenol for pain relief during pregnancy can unknowingly expose their children to autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD). Many parents have filed lawsuits with manufacturers to hold them accountable for selling a product without warning of the health risks. Currently, there are over 100 Tylenol autism lawsuits consolidated into an MDL, with new plaintiffs joining the MDL by filing short-form complaints.
Tylenol Use During Pregnancy Can Lead to Autism and ADHD
The first Tylenol autism lawsuits were filed after research indicated use of the pain reliever during pregnancy could increase the risk of a mother’s child experiencing autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD). A study funded by the National Institute of Health (NIH) used data from the Boston Birth Cohort that included umbilical cord blood from 996 births.
Children whose umbilical cord blood contained trace amounts of acetaminophen, the generic form of Tylenol, had developed ADHD and autism at an alarming rate.
Of these children, 25.9% were diagnosed with ADHD, 6.6% with autism, and 4.2% with both. A 2021 consensus statement from 91 health professionals in America and Europe published in Nature Reviews Endocrinology warned parents that the use of Tyelnol could alter fetal development and lead to increase rates of autism.
This information was a big deal because of how often pregnant women use Tylenol for pain relief. In the United States, more than 65% of pregnant women use Tylenol because obstetricians and other health professionals think it is a safe pain reliever. However, many children have had autism and ADHD because of Tylenol use during pregnancy.
Tylenol Autism MDL Consolidated in New York
After many parents filed Tylenol autism lawsuits, they filed a motion to consolidate their lawsuits into multi-district litigation (MDL). This would consolidate their lawsuits before one judge. The plaintiffs claimed that their children suffered damages because the makers of Tylenol failed to warn consumers about the health risks associated with their product through a warning label.
The Judicial Panel on Multi-District Litigation (JPML) heard arguments from both sides. While the plaintiffs believed consolidation was necessary, the defendants argued the lawsuit should not consolidate because there was insufficient evidence and they followed federal labeling guidelines.
After hearing oral arguments, the JPML decided to consolidate all Tylenol autism lawsuits into an MDL before U.S. District Judge Denise Cote in the Southern District of New York. This MDL will help plaintiffs tremendously, as it streamlines the discovery process, allows them to share resources, and puts them in a position to recover damages specific to their lawsuit.
Tylenol Autism Victims Can File Directly Into the MDL With a Short-Form Complaint
Despite MDL consolidation already taking place, many other parents’ children have had autism and ADHD because of prenatal Tylenol use. While they could file a lawsuit in their own district and wait for a transfer, this could take a long time.
To prevent this, Judge Cote instituted a system that allows new plaintiffs to join the MDL directly by filing a short-form complaint. This preempts the long transfer process and allows them to join the Tylenol lawsuit MDL directly. However, they must list their home district that their lawsuit would revert to should the MDL not succeed in earning plaintiffs compensation for damages.
Plaintiffs That Join the Tylenol Autism MDL Must Fill Out a Plaintiff Fact Sheet
One thing plaintiffs must do after they join the Tylenol autism MDL fills out a Plaintiff Fact Sheet. This is a document all plaintiffs fill out to provide specific information about their lawsuit to the court. Not all Tylenol autism lawsuits are the same, so this Plaintiff File Sheet gives the court an idea of how these lawsuits differ.
The Plaintiff Fact Sheet from each plaintiff can help to streamline the discovery process, as the court will collect critical information they will need as court cases begin. Plaintiffs that join the Tylenol autism MDL through filing a short-form complaint must fill out the Plaintiff Fact Sheet within 60 days of joining the consolidated lawsuit.
Pursuing Compensation for Specific Damages in the Tylenol Autism MDL
One of the benefits of an MDL for plaintiffs is they can reap the benefits of sharing resources while still recovering compensation for their specific damages. When negotiating a global settlement to pay all plaintiffs, you could recover enough compensation to pay for the cost of your full economic and non-economic damages.
Autism caused by prenatal Tylenol usage can lead to significant economic losses, as children with autism may require special schooling or guidance that costs extra. They can also experience non-economic damages that could affect their quality of life.
The following are some damages Tylenol autism victims could pursue compensation for:
- Medical bills
- Lost wages
- Lost earning potential
- Special services cost
- Pain and suffering
- Loss of enjoyment of life
- Loss of society
- Mental anguish
How Can a Product Liability Lawyer Help You Pursue Compensation for Tylenol Autism Damages?
Hiring a product liability lawyer can help with your Tylenol autism lawsuit. MDLs can be complicated and take a long time to reach a conclusion. Having an experienced product liability lawyer in your corner can help, as they can advise you on the proper steps to take to pursue compensation for damages. They will understand how to fill out the short-form complaint properly and work with you to get all of the essential information onto your Plaintiff Fact Sheet.
The following are some ways a product liability lawyer can help with your Tylenol autism lawsuit:
- Determine the worth of your Tylenol autism lawsuit
- Explain your rights and how MDLs work
- File the short-form complaint to join the MDL
- Gather evidence to prove your case
- Pool resources with the other plaintiffs’ lawyers
- Keep you up-to-date on how the MDL progresses
- Represent your interests in settlement negotiations
Contact The Russo Firm for Help With Your Tylenol Autism Lawsuit
At The Russo Firm, our product liability lawyers have experience helping victims of defective drugs pursue compensation for damages. They can use their decades of experience holding manufacturers of dangerous products accountable to help as you pursue compensation for Tylenol autism damages.
Our product liability lawyers have been involved in MDLs before and can use that experience to advise you through the process. Contact The Russo Firm for a free Tylenol autism consultation at (561) 270-0913 or leave a message on our online contact page.