Tylenol Autism Lawsuit
If you regularly used Tylenol or acetaminophen while pregnant and your child developed autism spectrum disorder, contact Attorney Tom immediately. You might be entitled to compensation for medical bills and other expenses associated with your child’s diagnosis.
Tylenol and acetaminophen are common medications that reduce fever and treat mild to moderate pain. Pregnant women often take acetaminophen because it is considered the safest over-the-counter (OTC) pain reliever. However, women are suing the distributors of brand and generic forms of Tylenol after discovering their children have developed autism spectrum disorder.
No one should suffer the consequences of someone else’s wrongdoing. Attorney Tom advocates for the injured. We believe in fighting insurance companies and large corporations to recover compensation for our clients when those companies’ actions resulted in harm. Call our Tylenol autism attorneys at (713) 244-6363 for a free consultation to learn more about how we can help.
What Is Autism Spectrum Disorder?
Autism spectrum disorder (ASD) is caused by differences in the brain that lead to developmental disabilities. Scientists believe genetic conditions and other causes that are not yet known contribute to a person’s development of ASD.
People with ASD interact, behave, learn, and communicate differently than others. Typically, their physical appearance doesn’t indicate an underlying issue. However, their abilities are impaired. The severity of a person’s abilities can also vary significantly. Some people can live productive lives with minimal to no assistance, while others require daily support to complete routine tasks.
ASD often develops before a person is three years old. Symptoms begin in some children within the first 12 months of their life. For others, symptoms might not appear until they reach 24 months. Children with ASD can meet developmental milestones and acquire new skills until 18 to 24 months but lose these skills or stop gaining new ones.
When children reach adolescence and young adulthood, communicating with adults and peers, understanding acceptable and expected behavior at work and school, and developing and maintaining friendships are challenging. People with ASD commonly develop other medical conditions, such as depression, anxiety, and attention-deficit hyperactivity disorder (ADHD).
Studies Showing a Link Between Tylenol and Autism Spectrum Disorder
Healthcare professionals, institutions, and scientists have studied acetaminophen use during pregnancy and the increased risk of a child developing ASD.
Nature Reviews Endocrinology
Nature Reviews Endocrinology published a consensus statement in September 2021. Around 100 medical professionals and scientists shared their concerns regarding pregnant women taking medications containing the active ingredient acetaminophen to treat mild to moderate pain and reduce fever.
Studies indicate Tylenol use during pregnancy is not safe. Fetal exposure to acetaminophen can increase the likelihood of children developing ASD. Research also shows a possible correlation between the amount of acetaminophen taken during pregnancy and the chance of a neurodevelopmental disorder.
A team at Johns Hopkins analyzed the data from a Boston Birth Cohort study. The study involved 996 mother/infant pairs enrolled at birth and followed for 20 years. Researchers looked at the levels of acetaminophen and substances formed by the metabolism of acetaminophen in umbilical cord blood.
The results showed a significantly increased risk of autism spectrum disorder and childhood attention-deficit hyperactivity disorder in children with fetal exposure to acetaminophen.
American Journal of Epidemiology
In April 2018, the American Journal of Epidemiology published an article about the risk of ASD and ADHD from prenatal acetaminophen exposure. The authors analyzed data from relevant studies to evaluate the risk of ASD and ADHD in children of women exposed to acetaminophen while pregnant.
Seven retrospective cohorts included 132,738 pairs of mothers and children followed for three to eleven years. After analyzing the data, the authors found a 20 percent to 30 percent increased risk for neurodevelopmental disorders from acetaminophen exposure during pregnancy.
Who Is Eligible to File a Tylenol Autism Lawsuit?
You might qualify for a lawsuit against the drug manufacturer, a retailer, or another negligent company if you took Tylenol or acetaminophen regularly or at high doses while pregnant and your child developed ASD.
The primary factors for eligibility include:
- A mother who took Tylenol or generic acetaminophen during pregnancy
- The mother did not take Tylenol or acetaminophen against a medical provider’s recommendations
- Fetal exposure to Tylenol or acetaminophen occurred
- The child later developed ASD or participates or used to participate in an autism early intervention program or individual education program (IEP)
Circumstances that might disqualify someone from a lawsuit include:
- The mother used illicit drugs or drank alcohol while pregnant
- The father was over 45 years old at the child’s birth
- The child is now over 18
- The mother took one or more selective reuptake inhibitors (SSRI) while pregnant
- Either of the child’s parents has autism
- The child developed Tourette syndrome, Down syndrome, or Fragile X syndrome
- The mother used tobacco products during pregnancy
- The mother was over 40 years old at the time of the child’s birth
To pursue legal action for your child’s ASD diagnosis, you must have taken a medication containing acetaminophen, such as:
- Alka-Seltzer Plus
- Generic acetaminophen
- Generic paracetamol
Current Tylenol Autism Lawsuits in Multidistrict Litigation
Women around the country have filed product liability lawsuits against manufacturers and retailers, alleging these companies did not disclose adequate warnings that a child could develop ASD or ADHD from prenatal exposure to acetaminophen.
A filed motion in June 2022 requested the Judicial Panel of Multidistrict Litigation (JPML) to consolidate 19 cases into multidistrict litigation (MDL). MDL is a legal procedure transferring multiple civil lawsuits into a single federal district court. One judge manages discovery, pretrial motions, and settlement conferences. They decide whether to dismiss entire cases or some claims and preside over the discovery and pretrial proceedings they accept.
The JPML granted multidistrict litigation in September 2022.
In November 2022, a judge heard the Tylenol autism cases against Johnson & Johnson and other defendants, including:
- Walgreens Company
- Costco Wholesale Corporation
- Target Corporation
- CVS Pharmacy, Inc.
- Walmart, Inc.
- Rite Aid Corporation
Walmart filed a motion to dismiss two of the cases from plaintiffs alleging the retailer failed to include the risk of ASD and ADHD on its warning labels. After the judge dismissed the motion, Walmart requested an expedited appeal. The appeal is pending as of December 2022.
Frequently Asked Questions
Pursuing legal action against a manufacturer or another large company can be intimidating. However, you deserve a chance to hold them accountable for the harm your child suffered. You likely have questions about the legal process. We’ve answered our clients’ most common questions here to help you prepare for your case.
Who can I sue for my child’s autism diagnosis?
The primary defendant in lawsuits involving the brand name Tylenol is Johnson & Johnson. Multiple generic acetaminophen manufacturers and distributors and sellers of brand and generic products might also be liable, such as:
- Rite Aid
- Kroger (Harris Teeter)
- Dollar General
- Big Lots
- Family Dollar
What are the common symptoms of autism spectrum disorder?
ASD symptoms range from minor to debilitating. Every case is different, and recognizing the signs is the first step in achieving a proper diagnosis.
The most common signs of ASD include:
- Lack of meaningful two-word phrases by 24 months
- Making sounds, smiling, and making faces with you or other people doesn’t occur by nine months of age
- No response to the child’s name or inconsistent responses
- Lack of pointing, waving, showing, reaching, and other back-and-forth gestures by 12 months
- Loss of babbling, speech, or social skills at any age
- No babbling by 12 months
- No words spoken by 16 months
- Lack of smiling or making joyful expressions by six months
How much money can I expect from a lawsuit?
Compensation from a Tylenol autism lawsuit varies depending on multiple factors. The most significant factor in determining the money you might recover is the severity of your child’s ASD. You will likely be entitled to a high settlement or jury verdict if your child can’t function independently due to their diagnosis.
Another common factor indicating the payout in a Tylenol autism lawsuit is how much Tylenol or acetaminophen you used while pregnant. You won’t receive as much, if any, compensation if you took Tylenol sparingly during your pregnancy. Juries might perceive your child’s diagnosis as indirectly related to your Tylenol or acetaminophen regimen. However, the value of your case should be higher if you used the medication regularly or took high doses.
Another factor in determining the value of your case is whether you or your child had known risk factors for autism despite the dosage or regularity of your Tylenol use. Common risk factors for autism include:
- A mother over 40 or a father over 45 when the child is born
- Premature birth
- Gestational diabetes
- Delivery complications causing a loss of oxygen
- Family history of autism
Speak to a Dedicated Tylenol Autism Lawsuit Lawyer Today
You thought Tylenol was a harmless medication that wouldn’t injure your baby. However, manufacturers and retailers did not disclose the risk of autism. They should be liable for the emotional distress, medical bills, and other losses you and your baby suffered from your baby’s diagnosed condition.
Attorney Tom is ready to represent you in a product liability lawsuit against the negligent party responsible for your child’s ASD or ADHD. We will protect your rights and fight for the compensation owed to you.
Call Attorney Tom at (713) 244-6363 for a free consultation if your baby developed autism spectrum disorder after you took acetaminophen or Tylenol during your pregnancy.