Scientific research has found that the use of Tylenol during pregnancy may increase a child’s risk of developing autism, ADHD, and other developmental disorders.
New Tylenol autism ADHD lawsuit claims are being brought against the manufacturers of the drug on behalf of children injured as a result of their mother’s use of Tylenol during pregnancy.
The Tylenol lawsuit alleges McNeil Consumer Products, a subsidiary of Johnson & Johnson, failed to warn consumers of dangers associated with the drug.
If you or a loved one used Tylenol while pregnant, and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD) or Attention Deficit Hyperactivity Disorder (ADHD), you may be eligible to file a claim.
Use the chatbot on our page for a free case review and consultation to see if you qualify for legal action today.
Earlier in the year, Judge Cotes, presiding over the Tylenol Autism litigation, requested the FDA’s input on the plaintiffs’ proposal to add new cautionary labels to Tylenol containers. The decision was scheduled for September 15, but the FDA released a statement a week early expressing its reluctance to get involved in pharmaceutical litigation. Consequently, the FDA will not provide its perspective on the plaintiffs’ request for warning labels.
This development could have had a significant impact on the plaintiffs’ legal case. If the FDA had supported their request, it would have presented a strong indication in court that the government concurs with the idea that Tylenol can lead to autism in infants. Conversely, if the FDA had opposed the plaintiffs’ request, it would have signaled a contrary viewpoint, potentially leading Judge Cote to consider dismissing all of the cases.
Judge Cote sought input from the FDA in April regarding the warning issue at the core of the Tylenol autism class action lawsuits. The objective being to assess if the warnings proposed by the plaintiffs should be incorporated into acetaminophen labels, considering the validity of these warnings based on current scientific evidence regarding the risk of autism or ADHD in children.
Represented by the U.S. Attorney for the Southern District of New York, the FDA asked for an extension, moving the response deadline to September 15, 2023.
Judge Cote, presiding over the Tylenol Autism MDL, will decide on the Daubert motions by September 19. This decision could greatly affect which direction the legal proceedings go.
Daubert motions involve requests to exclude expert testimonies in court. If Judge Cote rules favorably for the plaintiffs and allows the admission of their expert testimonies, it would strengthen the plaintiffs’ arguments.
In addition to the Daubert decision forthcoming, the FDA is obligated to soon disclose its stance on the litigation concerning warning labels for Tylenol. This disclosure has been extended to September 15, four days before the Daubert decision is due.
August 14th, 2023:
In a collective letter presented to Judge Cote, the defendants and plaintiffs within the Tylenol autism MDL have agreed that plaintiffs residing in select states will be precluded from pursuing negligent misrepresentation claims centered on omissions. Those states include the following: Arkansas, California, Colorado, Idaho, Indiana, Kentucky, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, South Dakota, Tennessee, Texas, and Wyoming.
In the past month, the Tylenol autism class action MDL in the Southern District of New York saw a significant increase with 64 new cases filed, marking the highest number of new filings since the creation of the MDL.
Currently, there are 200 pending cases in the MDL.
However, a substantial number of potential plaintiffs have yet to file, observing developments closely, particularly how evidentiary rulings unfold later in the year within the MDL.
These rulings are expected to shape the course of the litigation and may influence the decision of other potential plaintiffs to join the MDL.
Judge Cote is taking a proactive approach to ensure timely progress in the Tylenol lawsuits.
Show cause orders have been issued to plaintiffs in two cases, namely Jackson v. Walmart and Swindell v. Johnson and Johnson, who have not completed required fact sheets.
These orders demand an explanation from the non-compliant parties as to why their cases should not be dismissed for failing to fulfill their discovery obligations
As the Tylenol class action progresses through 2023, several key steps lie ahead.
Currently, the plaintiffs have submitted their expert reports, with the defendants expected to file their reports in response.
Subsequently, the plaintiffs might present rebuttal experts, followed by expert depositions.
Towards the end of the year, a critical hearing will take place, where Judge Cote will assess the scientific evidence linking acetaminophen to autism and ADHD.
Depending on her determination, the case may proceed in federal court or be transferred to state court.
The outcome of this hearing will play a significant role in shaping the course of the litigation going forward.
A plaintiff has strongly objected to Johnson & Johnson’s (J&J) request for an immediate appeal of the court’s preemption and causation orders.
The plaintiffs’ motion emphasizes that granting J&J’s plea for an immediate appeal would bring the litigation to a grinding halt for approximately a year.
Moreover, the plaintiffs argue that this type of appeal should be considered a rare exception, and is not applicate in this specific case.
Johnson & Johnson (J&J) has requested an interlocutory appeal in the Tylenol autism class action MDL regarding the rejection of their preemption motion by Judge Cote.
This appeal would allow J&J to seek an appellate court’s assessment of the preemption order before the case progresses further.
Interlocutory appeals are exceptions to the general rule of appealing only after a final judgment and are granted in specific situations.
Although the court is unlikely to approve the interlocutory appeal, as the judge aims to expedite the litigation, the issue will be fully briefed as per the set schedule.
Despite the consolidation of the Tylenol autism cases into a class action MDL over six months ago, there are currently only 124 pending cases in the MDL.
The relatively low number can be attributed to thousands of potential plaintiffs waiting on the sidelines to observe the outcome of Daubert challenges in the MDL.
By doing so, these plaintiffs can gauge whether the scientific evidence linking Tylenol to autism will be dismissed by the judge.
If the evidence is deemed admissible, a surge of new cases is expected to be filed in the MDL.
This cautious approach allows prospective plaintiffs the option to file their cases in state court if the MDL gets terminated.
New data from the CDC indicates that the number of children in the U.S. diagnosed with autism spectrum disorder (ASD) has increased in recent years.
The research suggests that 1 out of every 36 children in the U.S. is now diagnosed with autism or ASD.
The judge overseeing the Tylenol Autism Multidistrict Litigation asked for proposed warning language that could be added to acetaminophen bottles.
The plaintiffs’ attorneys have proposed a warning that states that using this product frequently during pregnancy may increase the risk of autism and attention deficit hyperactivity disorder in children.
They recommend that pregnant women use the lowest effective dose for the shortest possible time and at the lowest possible frequency.
There were 107 pending cases in the acetaminophen ADHD/autism class action litigation, an increase from the 80 cases that were pending when the class action MDL was created a few months ago.
March 9th, the plaintiffs filed a memorandum opposing the motion to dismiss filed by J&J last month.
J&J is seeking dismissal of the Tylenol lawsuits on the grounds that the federal preemption doctrine precludes them, arguing that the warning labels on Tylenol are regulated by the FDA and governed by federal law.
However, this same argument was already rejected by Judge Cote when Walmart’s motion to dismiss was filed back in December.
J&J will have an opportunity to file a supplemental brief in support of its motion next week, but it is expected that Judge Cote will rule quickly based on her previous decision.
Judge Cote issued an order to increase cooperation between state and federal court cases involving Tylenol autism lawsuits, as there are related cases filed in state courts that are not included in the MDL class action lawsuit.
The parties were instructed to submit joint or competing plaintiff’s fact sheets by February 28, 2023, which will help identify common issues and patterns among the claims and select the first lawsuits to go to trial.
Judge Conte issued a new order finalizing the protocol, rules, and schedule for expert witness depositions and fact discovery, allowing the depositions to begin and leading up to a ruling on the admissibility of the plaintiffs’ causation evidence in October.
The Tylenol litigation is ongoing, and major steps are being made by the court and Judge Cote to make it easier for those potentially impacted by Tylenol use during pregnancy to file claims directly into the MDL with the help of their attorney.
The court is also establishing a discovery plan:
A series of hearings and depositions that aim to establish the scientific basis of the argument that Tylenol use during pregnancy may increase the risk for certain developmental disorders.
Contact us for a free consultation.
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Multiple research studies on over 200,000 children total have been completed, and all showed links between taking Tylenol during pregnancy and the elevated risks of autism and ADHD diagnoses, as well as other neurological disorders in children exposed.
In September 2021, a Consensus Statement from 91 doctors, scientists, clinicians, and public health officials was published in Nature Reviews Endocrinology titled “Paracetamol use during pregnancy – a call for precautionary action”.
The new study explains that using Tylenol or other paracetamol products during pregnancy puts children at a higher risk for developing neurological disorders such as:
The possible link between prenatal acetaminophen exposure and autism has become clearer due to multiple scientific studies on infant cohorts across the world:
Along with the discovery of Paracetamol’s link to increased rates of autism, studies also found that the drug’s use during pregnancy also resulted in higher rates of ADHD diagnosis.
As these research ventures are completed over years, ADHD symptoms begin to appear as the child grows older:
Exposure to paracetamol and other painkillers in the womb may also lead to cerebral palsy, research shows:
Both oppositional defiant disorder and conduct disorder are behavioral conditions exhibited in children.
The neurobehavioral impacts of Tylenol on a child during pregnancy have been found to result in disorders such as these:
Tylenol, or acetaminophen (paracetamol), is one of the most popular over-the-counter medications for pain relief and fever in the world and is commonly used during pregnancy.
Tylenol is taken orally (pill) in a multitude of different dosage amounts depending on the intended use.
Used by millions of people, the drug is perceived as essentially harmless for the majority of the population.
The generic form of Tylenol is Acetaminophen, which is the name of the active ingredient.
Tylenol is different from pain medications like Ibuprofen, Advil, and Aspirin, which are classified as Non-Steroidal Anti-Inflammatory Drugs (NSAIDs).
Acetaminophen works to only reduce fever and relieve pain.
NSAIDs reduce fever, relieve pain, and also reduce inflammation, swelling, and irritation.
If you took a generic version of Tylenol, acetaminophen, paracetamol, you may still qualify for a lawsuit.
Our legal team is investigating the details of the potential case against drug manufacturers and will let potential clients know when further information becomes available.
Tylenol has been widely considered safe by previous research, doctors, and healthcare professionals to be used during pregnancy, but new studies have shown risks associated with the medication.
Many public health authorities state that low doses of acetaminophen should not be withheld from pregnant women or children, as there are no alternatives for the medication despite the risks posed.
The U.S. Food and Drug Administration (FDA) categorizes drugs based on their relative safety for use by pregnant women.
The safest drugs are placed in Pregnancy Risk Category A, deeming no adverse risk to patients.
Acetaminophen is in Pregnancy Category B, which deems the drug “safe” for pregnant women, although “no adequate and well-controlled studies” have been performed on pregnant women using the drug.
If you or a loved one’s child has been diagnosed with a neurological disorder such as Autism Spectrum Disorder (ASD) or Attention Deficit Hyperactivity Disorder (ADHD), you may be eligible to file a claim.
There are a few key steps to follow in order to file a successful claim.
You must begin by gathering evidence, hiring a lawyer, and assessing damages.
Evidence in a case involving neurological disorder caused by prenatal Tylenol, acetaminophen, or paracetamol exposure is crucial.
You must be able to prove that you took Tylenol or a generic equivalent during pregnancy and that your child was subsequently diagnosed with a neurological disorder related to documentary and scientific evidence.
Evidence may include:
After gathering information and evidence for your case, contact and hire an experienced attorney to handle your Tylenol lawsuit.
A lawyer will guide you through the civil lawsuit process and keep you informed at every step of the way.
Law firms that have handled mass tort cases before will understand the burdens you’ve dealt with and will lend a helping hand to secure rightful compensation.
Damages in a personal injury lawsuit refer to any and all monetary and non-monetary losses associated with your case.
In a Tylenol case, damages may include:
Our legal team is currently investigating the claims made against Tylenol manufacturers, scientific research, and more to get a better understanding on how we can best help those who’ve suffered as a result of Johnson & Johnson’s negligence to inform the public of certain risks posed by their products.
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With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
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Alongside our partner law firms, we have successfully collected over $3 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?