Recent scientific research suggests that the use of Tylenol – the ubiquitous over-the-counter painkiller – during pregnancy can increase the risk of the baby developing autism and ADHD. This new link has provided a rapidly increasing number of product liability lawsuits with the evidence needed to hold Tylenol manufacturers and retailers accountable. Due to the large number of parents of children with ADHD and autism who qualify for the Tylenol class action lawsuit, the payout could set records for mass tort class action history in the United States.
The dangerous drug lawyers at Pond Lehocky Giordano LLP are reviewing the Tylenol autism class action lawsuit and its related cases as they continue to develop. If you are a parent of a child diagnosed with autism, autistic spectrum disorder, or ADHD after Tylenol or acetaminophen was during pregnancy, our experienced legal team is ready to help. With a combined courtroom experience of more than 250 years and a track record of over 100,000 successful cases, our seasoned trial lawyers are more than prepared to take on opponents such as major corporations, opposing legal counsel, and insurance companies.
You and your family deserve compensation for your suffering and medical expenses. To schedule a free consultation with the legal experts at Pond Lehocky Giordano LLP, call 1-800-568-7500 or fill out our contact form today.
What is Tylenol, exactly?
Tylenol and its generic equivalent, acetaminophen, are classified as an analgesic and antipyretic – a drug primarily intended for pain relief and fever reduction. According to a 2018 study published in the American Journal of Epidemiology, it is the most commonly used pain relief drug during pregnancy.
Research links Tylenol (acetaminophen) to ADHD & autism
Studies have indicated that the use of Tylenol or acetaminophen during pregnancy may increase the risk of Autism Spectrum Disorder (ASD) in children. Research conducted in Denmark and Spain on over 65,000 children and mothers found that exposure to acetaminophen was linked to higher rates of ASD and Complex Developmental Disorder.
In addition, the aforementioned study examined over 130,000 pairs of mothers and children and found a 20% higher risk of autism and a 30% higher risk of ADHD for children who had prolonged exposure to acetaminophen in the womb. In the study, the authors note that “evidence of neurodisruptive properties is accumulating.” Despite this, the drug is still considered category B for safety in pregnancy by the US Food and Drug Administration (FDA), meaning that there are no governmental advisories against use of the drug. The study also notes a long list of recent discoveries pertaining to harmful effects from Tylenol use. These effects can include:
- Autism spectrum disorder (ASD)
- ADHD (attention deficit hyperactivity disorder)
- Oppositional defiant disorder
- Decreased executive function
- Delays in language development
- In vitro testicular toxicity
- Cryptorchidism (undescended testicles)
- Increased risk of neurotoxicity
Researchers from Johns Hopkins University and the US Department of Health and Human Services also published a study that found cord blood samples and cord plasma biomarkers of fetal exposure to acetaminophen contained a higher risk for ADHD diagnosis.
Aside from ASD and ADHD, data from the Norwegian Mother and Child Cohort Study analyzed by Danish and Norwegian researchers concluded that acetaminophen use during pregnancy was also linked to an increased risk of cerebral palsy in children.
Perhaps the most damning evidence comes from the September 2021 issue of the journal Nature Reviews Endocrinology. In this issue, a coalition of 91 medical experts published a Consensus Statement warning that the use of Tylenol or acetaminophen during pregnancy increases the risk of “neurodevelopmental, reproductive, and urogenital disorders.”
The Tylenol class action lawsuit
As more and more studies were published providing evidence of Tylenol’s harmful effect, hundreds of lawsuits started to flood courtrooms all throughout the country. Rather than overwhelm multiple federal court systems, many of these lawsuits have been consolidated under Judge Denise Cote of the Southern District of New York. Known officially as In Re: Acetaminophen – ASD/ADHD MDL No. 3043 Products Liability Litigation, the legal community informally refers to it as the “Tylenol autism lawsuit.”
This multi-district litigation (MDL) – defined as such because it encompasses numerous potentially injured parties across the United States – targets both manufacturers and retailers of Tylenol and generic acetaminophen products. The inclusion of retailers in this lawsuit is noteworthy. One of the acetaminophen autism lawsuits included in the initial group of cases transferred into the MDL named Walmart as the sole defendant. Maguire v. Walmart Stores, Inc. (3:22-cv-3238) alleged that the retailer marketed acetaminophen as “the safest and the only appropriate” pain relief medication for pregnant women. Other retailers, including CVS, Sam’s West, Kroger, Costco, and Rite Aid, have also been named defendants in the Tylenol autism lawsuit.
Understanding Tylenol birth injury claims
As a citizen of the United States, you have certain rights and protections under the law when buying and consuming pharmaceutical products. The basis of most of these lawsuits rests on the fact that the manufacturers and retailers of Tylenol and acetaminophen failed to warn pregnant mothers or provide a disclaimer that exposure to the drug in utero increases the risk of your unborn child developing a number of conditions (the current MDL, of course, focuses on neurodevelopmental conditions).
Even if a medical product has received FDA approval, it can still pose serious health risks that aren’t made apparent until months or even years later. Despite being FDA approved, drug companies can still be held liable for the harm their products cause. This proves especially true in cases where their products were deceptively advertised. Although the marketing of pharmaceutical products is strictly regulated, many manufacturers and retailers have still misrepresented the risks associated with the use of their drugs. When an injured party can provide evidence of the drug’s harm – especially when the manufacturer or retailer failed to warn of its risks and invested in deceptive marketing – they may be awarded compensation for these damages in a court of law.
What kinds of damages are involved in the Tylenol autism lawsuit?
In cases like the Tylenol autism lawsuit, the injured party may be awarded compensation for their damages. This particular case names a number of economic damages otherwise known as special damages, which entail specific financial losses that can be objectively quantified. These damages include:
- Past, current, and future medical bills
- Lost wages
- Pain and suffering
- Permanent disability
- Loss of earning capacity
- Loss of enjoyment of life
- And more
The economic impact of ADHD and autism can vary depending on the individual, the severity of their symptoms, and their access to timely and effective therapies. However, a number of studies show that an ADHD or autism diagnosis typically severely hinders an individual’s earning potential. In a study published in the National Library of Medicine, researchers note that males that had been diagnosed with ADHD were expected to earn over $1.27 million less over the course of their careers than males without ADHD. On average, these males would retire with 75% lower net worth than their peers. Due to the significant economic impact of these neurodevelopmental diagnoses, the compensation awarded to parents in the Tylenol autism lawsuit is expected to be quite high.
Frequently asked questions about the Tylenol autism lawsuit
Do I need a Tylenol autism lawyer?
Filing a lawsuit of this nature independently is possible, but it is generally ill-advised. The intricacy of such cases necessitates a thorough comprehension of the legal system and the specific issues at hand. It would be wise to seek the services of a qualified Tylenol autism lawyer. An experienced lawyer can provide invaluable guidance and bolster your case throughout the legal proceedings, assuring the safeguarding of your rights and the awarding of rightful compensation.
What evidence is needed to support my Tylenol autism lawsuit?
In order to substantiate a Tylenol autism lawsuit, your legal representative will be obliged to amass compelling evidence illustrating the correlation between your Tylenol consumption and your child’s diagnosis with autism or ADHD. This may include medical records, pharmacy receipts, expert testimony, and additional documentation that pertain to your use of Tylenol during pregnancy.
How much does it cost to hire a Tylenol autism lawyer?
Most dangerous drug lawyers work on a contingency fee basis, which means they only receive payment if you win your case. If you win, they will take a percentage of your settlement or jury award as their fee. The percentage may vary depending on the specifics of your case and the law firm you choose.
Contact us today for a free case evaluation
To help maximize your chances of recovering damages for the suffering you have experienced due to Tylenol or acetaminophen products, it’s critical to have an expert product liability legal team involved. Our pharmaceutical liability lawyers manage lawsuits in all 50 states. We offer free consultations with our attorneys so that we can help you better understand your legal options and the strength of your case. For more information, call Pond Lehocky Giordano LLP at 1-800-568-7500 or fill out our contact form today.