TYLENOL AUTISM & ADHD

Tylenol (acetaminophen) Autism & ADHD lawsuit

For a long time, obstetricians advised future mothers against certain analgesic drugs, because of their link with complications for the baby during pregnancy and after birth. What doctors recommended as a pain reliever instead, was the use of acetaminophen, from which one of the most popular brands is Tylenol.
Recently, many studies linked this drug with a higher risk of developing Autism Spectrum Disorder (ASD) and Attention-deficit/Hyperactivity Disorder (ADHD) in those kids whose mothers took it during pregnancy 1 .
This is leading families of those kids to file lawsuits against manufacturers and distributors. Learn more about these cases and how to join the collective action.

Why are parents filing a Tylenol Autism ADHD lawsuit?

Plaintiffs claim that the only reason they used acetaminophen while pregnant, was that distributors and manufacturers marked the medication as safe to use during the gestation period. But they also claim that many recent scientific studies strongly contradicted that safety.
It was quite recently discovered that Tylenol, a popular brand of acetaminophen, puts kids at a higher risk of developing two neurological conditions: Autism Spectrum Disorder (ASD) and Attention-deficit/Hyperactivity Disorder, also called ADHD 2 .
The first, ASD, is a complex developmental disorder that has behavioral consequences on those affected and influences how that person interacts socially and learns. The second, ADHD, is characterized by hyperactivity and impulsive behavior that affects many areas of a person’s life 3 .
This is why this over-the-counter pain killer, once the top obstetrician-recommended drug, isn’t so popular anymore. The strong link that recent studies found between its consumption during pregnancy and kids’ risk of developing ASD and ADHD, turned all the eyes to manufacturers and distributors of this product.
Now, parents and guardians of children with these conditions are filing lawsuits across the country, blaming Tylenol manufacturers (mostly Johnson&Johnson) and distributors, for their kids’ neurological disorders.
Families of those affected state that the companies failed to warn pregnant women about the health risk that their product imposed, prioritizing profit over consumer health.

Who Can File a Tylenol Lawsuit for Autism & ADHD?

To be able to file the lawsuit, there are a few requirements to take into account, and only an experienced mass-tort attorney can tell you for sure. But you may be eligible if:

  • Tylenol or generic acetaminophen was consumed during the two final trimesters of the pregnancy and,
  • Your child has since been diagnosed with any of these two conditions, ASD or ADHD.

If you are in doubt and want a free consultation, contact us so we can guide you through this process.

What is the Status of the Tylenol Lawsuit?

By now, many product liability lawsuits are filed against Johnson&Johnson, under the claims of negligence. Parents and guardians of kids with Autism Spectrum Disorder and ADHD, are blaming the manufacturers and distributors of the drug for omitting the warning label on their product.

All Tylenol and other generic acetaminophen lawsuits are being transferred to a single multidistrict litigation (MDL) because they have a common cause and claim. In other words, they were affected by the same product, similarly, by the same defendants.

The court decided that all lawsuits, although they remain independent actions, will be part of multidistrict litigation, to speed up the process and make it more efficient. The district that is handling most of the lawsuits, at least at its initial stages, is the Southern District of New York.

The lawsuits pending in federal courts in the MDL are growing in number, and it is expected to reach thousands. As of February 2023, Judge Cote, in charge of the multidistrict litigation, already issued the discovery plan for the case. This means that the phase of gathering evidence -for both parties- has already begun.

What Are Families Looking For By Suing Acetaminophen Manufacturers And Distributors?

By filing a lawsuit, families seek compensation for their kids’ condition due to prolonged use of acetaminophen during pregnancy. They say that Johnson & Johnson should have known about the risks of consuming their product during the gestation period, and should have put the corresponding label on it.
In general, what the court will try to determine is if prenatal exposure to acetaminophen can cause ASD and/or ADHD and if the defendants should have known, or knew about those risks (and when). They also want to find out what was the alleged role and potential responsibility of distributors and suppliers of the acetaminophen products.

What Do The Tylenol Autism &Amp; ADHD Lawsuit Payouts Depend On?

To determine how much a family could receive as compensation over a settlement or verdict, there are many factors to take into consideration. Some kids could have been more affected by the diagnoses than others, causing them more difficulties to deal with their everyday life and potential adulthood. So the payout will vary depending on:

  • How much the condition is affecting the kid’s life. Autism, for instance, can cause many difficulties in everyday life, such as sleep and autonomy problems, according to the Centers for Disease Control and Prevention (CDC). ADHD also requires special attention from the school and parents, as well as medication and therapy.
  • The costs of the medical expenses (past or future). This includes doctor appointments, medications, caregiver’s; salaries, assisted living devices, and therapy sessions. It is also considered the loss of income of the parents and the potential inability of the kid to make a living in the future.
  • The pain and suffering experienced by the kids and their families due to the diagnoses. Both Autism Spectrum Disorder and ADHD can cause many of these problems, such as social isolation, trouble making friends, and/or being empathetic, according to the CDC 4 . These conditions could be emotionally draining and difficult to deal with.

Although only estimations.

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What Evidence Do I Need If I Want To File A NEC Baby Formula Lawsuit?

The criteria to determine if you could be eligible as a plaintiff for the NEC lawsuit are:

  • Your baby was born prematurely. Since most cases of NEC are among children born up to the 37th week of gestation, this is imperative to qualify.
  • The hospital staff has given your kid an Enfamil or Similac baby formula. 
  • Your premature baby was diagnosed with NEC, meningitis, sepsis, bowel amputation, bacterial infection, bloody stool, abnormal bleeding, shortness of breath, salmonella, fatigue, or if death occurred because of any of these conditions. 

 

Also, time counts when filing a baby formula lawsuit. This time frame depends on how much time has passed since the date of the incident, or since your child received a NEC diagnosis.
It also depends on the regulations of the state you live in since these periods go from two to ten years in most cases. In the event of a wrongful death lawsuit, the average period is shorter, usually two years from the day of the decease. 
In any case, a mass-tort lawyer can better guide you through this process. Contact us for a free consultation.

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