The court recently denied Johnson & Johnson’s motion to dismiss litigation against them concerning Tylenol’s risk of causing autism spectrum disorder (ASD). Judge Denise Cote, who presides over the multidistrict litigation, rejected the motion on April 20.
The manufacturer and multiple Tylenol retailers are now facing significant legal implications. That comes after research showed that prenatal exposure to Tylenol raises the likelihood of developmental disorders, including ASD and ADHD (attention deficit hyperactivity disorder) in children.
Johnson & Johnson sought to divert attention from this legal dispute on preemption grounds. According to the defendants in the Tylenol autism lawsuit, the court should reject any claims made against them under failure to warn legislation because they contradict FDA labeling regulations.
Read this post to understand why the court denied Johnson & Johnson’s request to dismiss the Tylenol autism lawsuit.
What Is Preemption and How Is It Relevant to the Tylenol Autism Lawsuits?
The word “preemption” has been used repeatedly in the current Tylenol autism lawsuits. Preemption is a legal principle that implies federal law takes precedence over state law.
In simple terms, the Constitution’s Supremacy Clause states that federal law preempts or precedes state or municipal laws in priority where they clash and are not applicable in tandem.
Johnson & Johnson, the defendant in the lawsuit, argued that the FDA’s rules on appropriate medication labeling prevented them from altering Tylenol’s label to include a warning against use when pregnant without FDA’s explicit permission.
Johnson & Johnson reasoned that since the FDA is a federal entity, its rules would precede state laws concerning failure to warn cases.
Johnson & Johnson’s Motion to Dismiss Tylenol Autism Lawsuits Denied
Johnson & Johnson’s motion is one of the many instances where a defendant has tried to dismiss a case in this manner.
Walmart tried using a similar approach in Tylenol autism lawsuits against them, which Judge Cote also turned down in December 2022.
Walmart is accused in multiple other cases concerning its brand of over-the-counter acetaminophen medications.
Johnson & Johnson made identical arguments but with different terminology to have the litigation dismissed.
Nevertheless, Judge Cote denied the request because no federal statute or preemption barred the defendant from including a warning about the risks of taking Tylenol when pregnant.
Although this was anticipated, the defendants in these lawsuits will exhaust all possible defense options before giving up.
People considering suing for their child’s developmental issues should speak with a knowledgeable Tylenol lawsuit attorney before making important decisions about their case.
Get Help with Your Tylenol Autism Lawsuit Today!
You can file a Tylenol autism lawsuit if you used Tylenol when pregnant and your child was later diagnosed with autism or other developmental disorder.
However, it is only advisable to pursue this action with legal representation. Legal Giant partners with nationally recognized lawyers who can help you seek justice and hold the negligent parties responsible for their actions.
Our partner product liability attorneys have successfully helped clients get compensation for injuries resulting from defective prescriptions.
Contact us to schedule a free consultation and review of your case.
