The Tylenol autism lawsuits are based on the idea that children might develop conditions like Autism Spectrum Disorder) or Attention Deficit Hyperactivity Disorder if they were exposed to Tylenol before birth. These legal cases are arguing that Tylenol manufacturers and retailers didn’t do enough to tell people that using Tylenol during pregnancy could potentially increase the risk of developing a neurological disorder.
Is There a Connection Between Autism and Tylenol?
Several scientific studies suggest that if a baby is exposed to acetaminophen, the active ingredient in Tylenol, while in their mother’s womb, there could be an increased risk for developing Autism Spectrum Disorder (ASD) or Attention Deficit Hyperactivity Disorder (ADHD). In 2021, a group of 91 doctors and scientists in the Nature scientific journal agreed with this idea, suggesting that pregnant women should only take Tylenol if it’s medically necessary.
Johns Hopkins University researchers performed a study in 2019 where they checked the amount of acetaminophen in the umbilical cord blood of almost one thousand newborns. They found that higher levels of acetaminophen presented a higher risk for the child to be diagnosed with ASD or ADHD. In fact, adolescents with higher acetaminophen levels were more than two times likely to receive these diagnoses.
These findings were similar to an analysis done in 2018, published in the American Journal of Epidemiology. This study suggested that adolescents exposed to acetaminophen before they were born had a 34% higher chance of receiving an ADHD diagnosis, a 24% risk of hyperactivity symptoms , and a 19% risk of developing autism.
In response to this, parents have started taking legal action. In June 2022, a mom filed one of the first Tylenol autism lawsuits against Walmart on behalf of her children. Since then, more than 100 other people have followed suit, suing both Johnson & Johnson, one of the top manufacturers of Tylenol, and stores that sell generic versions of acetaminophen.
Johnson & Johnson / Tylenol Lawsuit
In a Tylenol autism lawsuit against Johnson & Johnson, the company is accused of knowing (or should have known) about scientific evidence suggesting acetaminophen could raise the chances of being diagnosed with a developmental disorder like autism spectrum disorder and ADHD. The lawsuit states that Johnson & Johnson should have informed the public about the potential risks of Tylenol use during pregnancy. Instead, Johnson & Johnson promoted acetaminophen use as safe for pregnant women, despite evidence showing it could increases the possibility of autism spectrum disorder and ADHD.
Additional Tylenol autism lawsuits have been filed against retailers that sell generic acetaminophen products. These stores include well-known names like Costco, CVS, Rite Aid, Family Dollar, Same’s Warehouse, Safeway, Walgreens, Walmart, and Target.
Johnson & Johnson was one of the first companies to mass-produce acetaminophen in 1959 after it acquired the pharmaceutical company that originally developed it.
Tylenol Autism Lawsuit Awareness
The Tylenol autism lawsuits have drawn a lot of media attention, leading more people to learn about what might cause autism spectrum disorders and ADHD. As a result, more expectant mothers are aware of the potential risks of using Tylenol during pregnancy.
People who advocate for those with autism hope that this increased visibility will encourage pregnant women to limit Tylenol use, or even avoid it completely. The ultimate goal is to reduce the amount of acetaminophen exposure before birth, which could potentially lower the number of autism spectrum disorder and ADHD diagnoses in the future.
Who is Eligible to File a Tylenol Autism Lawsuit?
If you or one of your children have been diagnosed with autism spectrum disorder or attention deficit hyperactivity disorder after prenatal acetaminophen exposure, you might have a case to join the Tylenol autism lawsuit. To qualify, prenatal exposure to Tylenol or its generic equivalent must have happened during the 2nd or 3rd pregnancy trimester. Parents or legal guardians can file the lawsuit if the affected person is under 18 years old.
Before you talk to a law firm, you should organize your medical records showing that you or your child were diagnosed with ASD or ADHD. You should also gather proof that you took a generic acetaminophen product or Tylenol or while pregnant. An example of this could be medical records showing that your doctor suggested using Tylenol to manage pain while pregnant.
A lawyer who’s experienced in Tylenol autism lawsuits can help you figure out if you’re eligible to file a lawsuit. Lawyers usually offer a free consultation where they review your potential case. They’ll ask about your medical records and how much acetaminophen you were exposed to, including how many doses you took.
How to File a Tylenol Autism Lawsuit
If you’re considering filing a Tylenol autism lawsuit, your first move should be to consult a professional lawyer—ideally one who specializes in personal injury cases and has a strong background in product liability law. These attorneys are actively looking for cases related to Tylenol and autism.
It’s essential to find a lawyer who is familiar with a legal process called multidistrict litigation (MDL). This is the process where multiple related lawsuits get grouped together in federal court to speed up the legal process. The Tylenol autism lawsuits have been grouped into MDL No. 3043, overseen by Judge Denise L. Cote in the Southern District of New York.
An attorney specializing in MDL litigation can help you gather the necessary evidence, such as medical records, to make your case. They’ll also assist you in filling out a form called the Plaintiff Fact Sheet for Judge Cote. This form asks questions about who is eligible for the Tylenol class action lawsuit, as well as your medical history.
If you’d like to join the Tylenol MDL, your lawyer will need to submit a document known as a short-form complaint, which is required by the court. This is the standard format for making a claim that new people can use to join the MDL. It’s designed to make it easier to add new plaintiffs to the case.
Tylenol Autism Lawsuits Case Status
As of July 2023, none of the Tylenol autism lawsuits have been settled or made it to trial. The cases are currently in the discovery phase, which is when lawyers gather medical evidence from experts about the connection between autism and Tylenol.
Here’s a quick timeline of key events:
In March 2023, more than 100 lawsuits were in progress in the Tylenol multidistrict litigation in New York. Earlier that same month, the plaintiffs responded to a motion from Johnson & Johnson, the company that makes Tylenol, to dismiss the lawsuits.
In June 2022, Tiffany Rutledge filed the initial Tylenol autism lawsuit against Walmart, representing her minor children who received an ADHD diagnosis. One of Rutledge’s children was also being tested for autism at the time. She claims she used acetaminophen throughout both of her pregnancies.
In October 2022, the Tylenol MDL, officially known as In Re: Acetaminophen – ASD/ADHD MDL No. 3043, was established under Judge Denise L. Cote in the Southern District of New York. More than 80 lawsuits were combined into this MDL.
While no Tylenol autism lawsuits have been settled or taken to trial yet, lawyers believe potential settlement amounts might range between $300k and $600k. They also think it’s possible for juries to award judgements in the millions. Families could use the money they win to cover medical costs, make up for lost wages, and other related expenses.
References
- https://academic.oup.com/aje/article/187/8/1817/4980325
- https://hub.jhu.edu/2019/11/05/acetaminophen-pregnancy-autism-adhd/
- https://immunizationinfo.com/wp-content/uploads/tylenol-autism-lawsuit.pdf
- https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3043-Initial-Transfer-Order-9-22.pdf
- https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-July-17-2023.pdf
- https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-March-16-2023.pdf
- https://www.lawsuit-information-center.com/files/2023/03/2023.03.23-Order-Plaintiff-Fact-Sheet-Dkt.-517.pdf
- https://www.nature.com/articles/s41574-021-00553-7
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8542535/