Research has associated Tylenol (generic name acetaminophen) with an increased risk of autism, autism spectrum disorder, attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD) and other developmental disorders in children who are exposed to Tylenol in the womb during pregnancy. Now, children and families who meet certain criteria are able to take legal action against the manufacturer of Tylenol – Johnson & Johnson – and other defendants in pursuit of justice and financial compensation.
The product liability lawyers at Bailey & Glasser, LLP are accepting new Tylenol autism cases from the parents of children who have been diagnosed with autism or other developmental disorders after the use of Tylenol during pregnancy. Discuss the possibility of filing a claim with an attorney when you contact us at (618) 619-2881.
Our Experience Handling Product Liability Claims
A product liability claim is a legal action brought by a consumer who has been injured by a defective or dangerous product. It is a civil lawsuit that is filed against the manufacturer, distributor or retailer of the item in pursuit of financial compensation to pay for the injured victim’s related losses. The best way to file a product liability claim is with assistance from an attorney.
At Bailey & Glasser, LLP, our attorneys have years of experience handling complex product liability cases across the nation. Our lawyers have spent decades representing clients in cases against product manufacturers and big pharmaceutical companies. We are knowledgeable about this practice area and know how to demand the results that our clients deserve. Our attorneys can go up against any adversary, including a major manufacturing company or its insurance corporation.
We use trial-focused litigation and are prepared to take your case to court, if necessary. However, most product liability claims are resolved with settlements. An attorney from Bailey & Glasser, LLP will guide you through each step of a claim, whether it is an individual lawsuit or part of the ongoing multidistrict litigation involving Tylenol.
We will investigate your case, collect evidence and represent your family in the fight for justice.
What Are the Tylenol Autism Lawsuits?
The manufacturers of Tylenol and generic acetaminophen are facing product liability lawsuits that allege they failed to warn health care providers, pregnant women and the public about the potential neurological risks to fetuses involved with using their products during pregnancy. Prior to the link to developmental disorders, doctors and health experts advised pregnant women to take acetaminophen over aspirin or ibuprofen.
The current lawsuits assert that the manufacturers of acetaminophen as well as the sellers of these medications knew or should have known of the danger the drug presented and properly warned consumers. The failure to do so makes the manufacturer and distributors liable – legally and financially responsible – for the developmental disorders suffered by victims and the family’s related losses, the current lawsuits allege.
Research Linking Acetaminophen to Autism
For decades, pregnant women have widely used acetaminophen – also known as paracetamol – to relieve mild to moderate pain and reduce fever. Tylenol has long been considered safe for use during pregnancy when used as directed. Unfortunately, research now suggests that prenatal exposure to acetaminophen could alter or affect fetal development, increasing the risk of some neurodevelopmental disorders, including autism.
In September 2021, a Consensus Statement was published in Nature Reviews Endocrinology that warned the public of potential risks associated with the use of acetaminophen during pregnancy. This statement – which was signed by 91 American and European scientists – was built off of decades of scientific research conducted on the subject that chronicles the usage and health impacts related to the use of acetaminophen in expectant mothers.
So far, Tylenol and generic acetaminophen drugs have been linked to the following:
- Autism spectrum disorder
- Attention deficit disorder
- Attention deficit hyperactivity disorder
- Language delays
- Oppositional defiant disorder
- Conduct disorder
- Decreased executive function
- Decreased IQ levels
- Other developmental disorders
Studies have found that Tylenol use during pregnancy may contribute to the onset of these disorders and symptoms in a child. Some studies have linked the risk to prolonged exposure rather than small amounts of the drug. The link between Tylenol and autism has been studied the most. Autism spectrum disorder is a range of conditions that affect speech, communication, social skills and behaviors.
Studies on Tylenol Use and Neurodevelopmental Disorders
Combined information from 121 studies (involving over 130,000 pairs of mothers and children) regarding acetaminophen use during pregnancy was published in a meta-analysis in the American Journal of Epidemiology in August 2018. From the data used, researchers found a 20-percent potential increase in the risk of autism spectrum disorder and a 30-percent increase in the risk of ADHD in children whose mothers used acetaminophen during pregnancy.
They also found, in studies involving lab rats, that acetaminophen had a direct neurotoxic effect on cortical neurons and fetal testosterone production, which are two areas that are critical for brain development. These studies reported that even small doses of acetaminophen could affect neurodevelopment, and that sometimes the effects are not apparent until years after exposure. The meta-analysis concluded that the information collected is cause for significant concern.
Other research on the subject includes studies from Denmark and Spain that looked at over 65,000 children and mothers. These studies concluded that exposure to acetaminophen during fetal development was associated with higher rates of autism spectrum disorder and complex developmental disorder.
Finally, researchers from Johns Hopkins University and the U.S. Department of Health and Human Services compared the cord plasma biomarkers of infants that were exposed to acetaminophen in the womb to those who were not exposed. They found that the cord plasma biomarkers of babies exposed to acetaminophen were associated with a significantly increased risk of autism spectrum disorder and childhood ADD/ADHD.
How Many Women Take Tylenol During Pregnancy?
Until recent research came to light, acetaminophen was one of the few pain medications considered generally safe to take during pregnancy. It was viewed as safer than non-steroidal anti-inflammatory drugs such as ibuprofen, which could result in infant risks such as low amniotic fluid or kidney problems. It is estimated that between 50 to 65 percent of pregnant women in the country take Tylenol and other forms of acetaminophen during pregnancy.
According to the Consumer Healthcare Products Association, around 23 percent of adults in the United States each week use products with the active ingredient acetaminophen. This equates to over 52 million people. Acetaminophen is present in more than 600 over-the-counter drugs sold worldwide.
Who Can File a Tylenol Autism Lawsuit?
Legal action is currently being taken against Johnson & Johnson and McNeil Consumer Products as the manufacturers of Tylenol, as well as several major distributors, for the potential link between acetaminophen and developmental disorders in infants. You may be eligible to file a Tylenol autism suit if you or a loved one used Tylenol and/or acetaminophen during pregnancy and the child was subsequently diagnosed with autism spectrum disorder or another neurological condition. Lawsuits have also been filed regarding Equate and other forms of acetaminophen taken during pregnancy. To find out if you qualify for a Tylenol autism lawsuit, contact us for a free consultation.
How Do I File a Tylenol Autism Lawsuit?
It is expected that several thousand Tylenol autism lawsuits will be brought against Johnson & Johnson in 2023 for its role in causing the widespread use of acetaminophen during pregnancy. If you wish to file a lawsuit or join the ongoing multidistrict litigation, consult with one of our attorneys.
The current process as of February 2023 involves filling out and submitting a Short-Form Complaint with the court that is overseeing the federal multidistrict litigation for Tylenol autism lawsuits, which is located in New York. An attorney can help you fill out this form if you are eligible to take legal action.
Lawyers across the country are accepting cases and submitting them for consolidation into the multidistrict litigation. The attorneys at Bailey & Glasser, LLP have a great deal of experience handling large-scale product liability lawsuits and can help you assemble evidence and submit the required forms to join these lawsuits.
What Is the Filing Deadline?
Act as soon as possible if you believe your child has been negatively affected by taking Tylenol or other forms of acetaminophen while you were pregnant. If you or someone you love has been affected by this product liability tort, you should join the ongoing litigation quickly for the most efficient resolution possible. Contact Bailey & Glasser, LLP to find out if you qualify for a lawsuit and to begin the legal process before any important deadlines pass.
Compensation Available in a Product Liability Lawsuit
If legal actions regarding Tylenol’s connection to autism and other developmental disorders succeed, affected individuals and their families may be eligible for financial compensation for a variety of related losses.
Your lawyer can help you fight for the monetary recovery that you deserve for the following types of damages, as an example:
- Medical expenses
- Disability accommodations
- Lost wages
- Lost future capacity to earn
- Pain and suffering
- Emotional or mental distress
- Lost quality or enjoyment of life
- Legal costs and attorney’s fees
- Other associated costs
While it is not possible to guarantee a monetary recovery or a certain amount of financial compensation, if the Tylenol autism lawsuits reach settlements or receive jury payouts in the plaintiffs’ favor, the amount of the agreement is predicted to be high. In addition, a win would require a new warning label to be added to acetaminophen products to protect unborn children in the future.
What’s the Latest News on the Tylenol Autism Lawsuits?
The attorneys at Bailey & Glasser, LLP are continuing to track the latest updates on Tylenol autism lawsuits around the nation.
- On February 1, 2023, there was a class action hearing regarding defendant discovery. Lawyers for the plaintiffs’ side want the defendants to produce certain documents within 30 days, while the defendants asked Judge Cote for more time. It is typical for defendants to want to delay legal proceedings.
- On January 9, 2023, the presiding judge in the Tylenol multidistrict litigation (judge Denise Cote) approved the proposed Short-Form Complaint for families wishing to file Tylenol autism lawsuits. New plaintiffs can file these complaints directly in the federal court. This is a streamlined process that can make it easier for future plaintiffs to file claims.
- In November 2022, a federal multidistrict litigation (MDL) was established for the growing amount of litigation regarding Tylenol and its possible connections to autism and ADHD. The MDL is being managed out of the Southern District of New York. It is expected that the court will prepare a group of representatives for early trial dates to gauge how juries are likely to respond to evidence and testimony provided about the link between Tylenol and autism, to predict how these cases will be received in the future.
- In October 2022, a federal judicial panel on the MDL in St. Louis created a new mass tort litigation for claims accusing major retailers, including Walmart and Costco, for failing to warn consumers that the use of acetaminophen could cause developmental disorders in children. This consolidated 18 lawsuits for pretrial proceedings in Manhattan. The same panel sent an additional 48 cases to the newly created MDL.
- On June 10, 2022, a motion was filed to centralize all Tylenol autism and ADHD lawsuits. Defendants were given until July 26 to respond to these claims.
The Tylenol autism MDL is a developing situation. For the latest information, consult with an attorney.
Contact Us About a Potential Tylenol Autism Lawsuit
No mother ever wishes to find out that her child’s autism, ADHD or developmental delay was caused by something she took during pregnancy – no less, a drug that was recommended by health care providers and had no warnings regarding potential harm to unborn children. Unfortunately, several studies and a group of 91 scientists believe that there is a connection between taking drugs with acetaminophen, such as Tylenol, and childhood neurodevelopmental disorders.
At Bailey & Glasser, LLP, we are passionate about helping families seek justice for the terrible wrongdoing they have suffered at the hands of Tylenol manufacturers and distributors. You may be eligible to take legal action against multiple parties for their part in causing your child’s disorder, such as for the negligent failure to warn consumers of potential risks.
Learn more during a free case evaluation with an attorney at our law firm. Contact us online today or by calling (618) 619-2881. We are here to help you.