The number of product liability claims filed against Tylenol and generic acetaminophen manufacturers is attracting public attention.
According to the allegations, the drug manufacturers deliberately failed to warn medical professionals, pregnant women, and the general public of the potential risks of using the drug when pregnant.
Current research shows that taking Tylenol while pregnant increases the risk and severity of autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), complex developmental disorder, and related medical problems.
But most research has been done on Tylenol and autism.
This article will discuss recent updates on the Tylenol autism lawsuit while shedding light on the scientific link between Tylenol and autism and potential settlements.
The Tylenol Autism Lawsuit
Tylenol attorneys invested $1.85 million on mass tort promotion in October 2022, making it the third-most expensive mass tort case after Camp Lejeune and Mesothelioma.
Judge Denise Cote recently consolidated increasing Tylenol lawsuits in the Southern District of New York, formally known as In Re: Acetaminophen – ASD/ADHD MDL No. 3043 Products Liability Litigation.
The term “Tylenol autism lawsuit” covers all legal actions taken to federal courts nationwide against the producers and sellers of Tylenol generic acetaminophen brands.
That type of action is referred to as Multi-District Litigation (MDL) since it includes parties who may be injured from all over the nation.
Tylenol Lawsuit Recent Updates
Before getting into the details of the Tylenol autism lawsuits, let us look at recent campaign updates to establish a class action MDL.
How does this affect you? It implies that even if you pursue a lawsuit in a federal court in Florida, California, New York, or any state whatsoever, the pretrial discovery of your case would be taken to the Southern District of New York.
February 25, 2023 – quick moving litigation
MDL Judge Denise Cote is moving quickly to resolve the logistical issues in the initial phases of the Tylenol class action.
Last week, Judge Cote released a new Order that codified the procedure, regulations, depositions timelines, and expert witness fact discovery.
The depositions will start anytime, and they will be vital in October when Judge Cote intends to decide whether the plaintiff’s causation evidence is admissible. The decision will determine how the case will proceed unless it is overruled on appeal.
February 22, 2023 – memorandum of law
In a memorandum of law filed in defense of their petition to dismiss all claims, Johnson & Johnson argues that the claims are preempted by federal law.
Johnson & Johnson contends that it should be exempt from all failure to warn claims since it cannot update the warning label on a drug on its own without FDA permission.
In an earlier decision on Walmart’s petition to dismiss, Judge Cote denied their preemption claim. Johnson & Johnson claims that Judge Cote’s decision was wrong because she did not consider all the pertinent factors to differentiate their case from Walmart’s.
Moreover, Johnson & Johnson requests that the court dismiss the collectively filed master complaint.
They argue that scientific research on which the plaintiff’s cases are grounded does not establish a causal connection between acetaminophen usage and neurodevelopmental problems.
Therefore, the master claim was not filed with the appropriate level of credibility. Johnson & Johnson has also asked for oral arguments regarding their petition to dismiss.
February 11, 2023 – plaintiff’s fact sheet
By February 28, 2023, the litigants will turn in joint or opposing plaintiffs’ fact sheets.
In a class action, a plaintiffs’ fact sheet essentially serves as the plaintiffs’ required biographical history. It contains details on the plaintiff, the injuries they have experienced, the respondents, and the legal arguments they are using.
These fact sheets serve various functions, including finding patterns and common flaws in the allegations.
Getting a sense of the litigation’s scope is crucial for settlement negotiations. The information also helps determine which cases will serve as the “bellwether trial” or the first to proceed to trial.
February 3, 2023- litigation increases
Tylenol autism lawsuits are still being filed in increasing numbers in the MDL federal courts.
However, the MDL class action does not include specific comparable actions brought in state courts (especially in California).
Last week, Judge Cote issued an order detailing a framework for coordinating discovery with state court cases to foster greater collaboration between the state and federal court cases.
The order permits access to MDL discovery in state court claims.
January 20, 2023 – Judge outlines MDL discovery plan
Last week, Judge Cote released an Order detailing her preliminary discovery strategy. The strategy will primarily focus on gathering scientific evidence showing a causal relationship between acetaminophen use during pregnancy and autism.
The first phase of the discovery process will involve the production of documents by Johnson & Johnson, the manufacturer that first produced acetaminophen.
This discovery aims to link Tylenol use when pregnant and autism. The goal is to thoroughly uncover existing scientific data before taking the cases to court.
January 11, 2023 – Judge Cote makes the lawsuit filing process easier
This week, Judge Denise Cote accepted a Short Form Complaint. All prospective complainants will now use the Short Form Complaint to file their claims.
With the removal of the lengthy list of allegations, it is now simpler to bring a Tylenol case. Instead, your short-form complaint refers to the claims made in the class action’s master case.
Judge Cote already allows new cases to be filed directly in the MDL. The merging of the two steps could significantly increase the number of new Tylenol autism lawsuits brought this year.
January 1, 2023 –special master appointment in Tylenol autism lawsuit
Randi Ellis was named the Census Special Master in the Tylenol autism class action lawsuit.
Ms. Ellis will create a framework for systematically gathering crucial data and information from each plaintiff and making this information accessible to the involved parties and the court.
Ellis is familiar with mass tort cases since she served as the Special Master in some MDLs in 2022.
December 26, 2022 – filing a Tylenol autism lawsuit directly in the MDL
After disagreeing on a joint plan, the defendants and plaintiffs presented a different proposed discovery plan to MDL Judge Denise Cote before Christmas.
The defendants’ strategy was preliminary adopted by Judge Cote in an Order she issued last week. She urged the parties to join forces on a combined report before the January status conference.
December 15, 2022 – filing a Tylenol autism lawsuit directly in the MDL
Judge Cote has till the end of the week to file a ‘master complaint.’ All future lawsuits filed or added to the MDL will be subject to the claims in the master complaint.
Any new litigation filed will utilize a Short Form Complaint (SFC). According to Judge Cote, the parties must file a joint SFC on or before January 4, 2023.
December 13, 2022 – Tylenol class action moving fast
Judge Cote requires claimants to file master complaints this week. The master complaint will govern all upcoming lawsuits in the MDL. By January 4, 2023, all pending and future class action cases will jointly file a Short Form Complaint.
Judge Cote is ready to proceed with the case. She has acted swiftly on different motions, enabling Tylenol autism lawsuit lawyers to initiate the trial.
The Judge appears to know that attorneys in significant class actions are actively involved and may not need unlimited time to complete things.
Judge Cote allowed the parties two weeks to file prospective orders on essential matters like master complaints, electronic discovery, confidentiality protection, etc.
That is good for individuals with autism and ADHD pushing their cases for compensation.
Tylenol Autism Lawsuit
The manufacturers and retailers of generic acetaminophen are the targets of Tylenol autism lawsuits. The lawsuits allege that the companies failed to warn about the risk of autism associated with using acetaminophen during pregnancy.
Recently, a petition to merge the cases into an MDL class action lawsuit was made in response to the rising number of Tylenol autism lawsuits.
The Link Between Tylenol and Autism
Tylenol (acetaminophen) is among the world’s most well-known and frequently used over-the-counter painkillers.
In medicine and pharmacology, acetaminophen occupies a singularly dominant position. Millions frequently use Tylenol to treat pain, fevers, and headaches.
More than 25 billion doses of acetaminophen-containing medications are used each year by over 50 million Americans, or about 20 percent of the country’s adult population.
Ironically, it is among the most toxic and poorly documented substances used in medicine. Acetaminophen’s mode of action is unclear.
Researchers are yet to understand how the drug alleviates pain and suppresses fever.
Although the drug’s exact action mechanism is unclear, companies have long advertised acetaminophen to pregnant mothers as a safe painkiller and fever-reducing drug.
Pregnant women, therefore, use Tylenol more frequently than other OTC medications.
Baby food and autism
Many people associate baby food with autism. Legal professionals previously believed that the Tylenol autism lawsuits were weaker than those in infant food claims.
However, proving the Tylenol autism lawsuits will probably be easy, so this conventional thinking has been tossed. Medical records show doctors advise women to use acetaminophen for pain and discomfort.
Consensus statement on Tylenol and pregnancy
In 2021, medical professionals published a Consensus Statement in the Nature Reviews Endocrinology journal.
The Consensus Statement warned that taking Tylenol while pregnant was unsafe and might increase the prevalence of autism.
The research was the tipping point that sparked the wave of acetaminophen litigation.
JAMA Psychiatry study
A 2020 study published in JAMA Psychiatry showed a dose-dependent association between umbilical cord biomarkers of fetal exposure to acetaminophen and elevated childhood autism risk.
According to the authors, “subgroup and sensitivity analyses demonstrated significant correlations between acetaminophen and autism across strata of possible confounders, such as maternal indication, preterm birth, substance use, and the child’s age and gender.”
Hopkins study
The findings of a study by Johns Hopkins assessed acetaminophen levels in the umbilical cord were astonishing.
Children with high acetaminophen levels in their cord blood were nearly three times more likely to have autism spectrum disorder than those with lower levels.
This study became the impetus for the Tylenol autism lawsuit compared to other studies.
Other studies
Multiple studies have linked Tylenol use while pregnant with many neurological conditions, including autism spectrum disorder.
About 26 observational experiments found a positive link between exposure to acetaminophen when pregnant and autism.
Sixteen of these studies explicitly looked at dose response. They found a dose-response link, indicating risk increased with prolonged exposure to Tylenol.
A 2018 study conducted a meta-analysis of seven different studies that comprised about 130,000 mother-child pairs.
The researchers monitored these pairs for three to eleven years. They found that children whose mothers used Tylenol for extended periods while pregnant had a 20% increased risk of having autism.
The risk of autism with Tylenol could be dose responsive
Other publications have shown that taking Tylenol in small quantities during pregnancy does not raise the likelihood of autism.
So, the timing, quantity, and duration of Tylenol usage seem to be associated with the risk of autism. In light of these new findings, most medical professionals warn women against using Tylenol when pregnant unless recommended.
How much is sufficient to qualify for a Tylenol autism lawsuit is currently debated among attorneys.
Based on our predictions, a pregnant woman should have taken at least eight doses of Tylenol to qualify. But the eligibility standards could be harsher or softer than this.
Tylenol autism class action lawsuit certified
Many have filed Tylenol autism lawsuits in response to recent findings connecting exposure to Tylenol during pregnancy with autism.
Parents and children are suing major drug stores such as Walgreens and CVS and producers of acetaminophen-based medications.
They claim that Tylenol use during pregnancy led to the development of ASD or ADHD in their children.
The plaintiffs’ attorneys lodged a motion to the JPML on June 10, 2022, asking it to consolidate all Tylenol autism lawsuits into an MDL. The JPML approved a class action on October 5, 2022, in the Southern District of New York.
Nearly 20 Tylenol autism lawsuits are currently under litigation in federal courts across the nation, according to the motion submitted to the JPML.
Every Tylenol lawsuit makes similar factual claims and alleges that the company failed to warn of the risks of exposing unborn children to Tylenol.
All of the Tylenol autism lawsuits were filed within a short period. The JPML can infer from this that there will likely be a lot more Tylenol cases brought.
Tylenol Autism Lawsuit Settlement Amounts
Tylenol autism lawsuits are recent. None of the Tylenol autism lawsuits has reached trial or settled so far.
Right now, no one can reliably know whether these lawsuits will be able to gather the scientific evidence needed for the cases to go to trial.
But there is compelling scientific evidence between acetaminophen with autism.
Additionally, many wealthy defendants can afford to cover settlement payments and jury awards. Hence, assuming these cases will succeed, we can make assumptions about prospective settlement values.
The average successful jury verdict could exceed $5 million
Our partner lawyers predict that the typical jury award in a Tylenol autism lawsuit might be $5 million.
We’re discussing childhood injuries that can last a lifetime.
Since this is the child’s last opportunity to receive compensation for the damage they will endure for the rest of their life, jurors are ready to award large sums of money in certain circumstances.
Average settlements could reach $500,000
A settlement differs from a jury award. A successful Tylenol autism lawsuit will probably result in an average payout of between $200,000 and $500,000 per person. A small number of cases with compelling evidence can be valued much more.
What factors will influence Tylenol settlement payouts?
Several variables may determine where a given Tylenol autism case falls within this settlement range. The severity of a child’s autism will be the most crucial factor.
A case of a child with severe autism that hinders them from functioning on their own will attract a substantially greater settlement value.
Children with severe autism frequently need lifelong healthcare, which makes these cases similar to cerebral palsy and related birth injuries.
The amount of acetaminophen the woman consumed when she was pregnant will be the second factor influencing a case’s settlement value.
The higher the exposure to Tylenol during pregnancy, the stronger the claim and possible settlement amount will be. Jurors will be less likely to believe that Tylenol caused a child’s autism if the mother used it briefly when pregnant or never used it.
The last factor affecting the settlement amount in these claims is if the mother and child had any other established autism risk factors besides using Tylenol.
Pregnancy problems, including hypertension or gestational diabetes, are autism risk factors too.
Premature birth and delivery issues resulting from oxygen deprivation are also risk factors. A family history of the disorder or parents older than 45 is also linked with increased autism rates.
A case will be far more valuable if neither of these risk indicators for autism is present.
Do You Qualify for a Tylenol Autism Lawsuit?
You and your child may be eligible to file a civil action and seek financial compensation if you took Tylenol or generic acetaminophen at high dosages or for an extended period when pregnant and your child was later diagnosed with autism.
The scholarly evidence linking acetaminophen exposure during pregnancy to autism is only developing now.
Yet, plaintiffs may be awarded significant compensation if this proof of causation is sufficient to present to a panel of judges in a civil lawsuit.
If the causation evidence endures the legal trials, the Tylenol autism lawsuit MDL will likely be resolved in a global settlement.
Get Help with Your Tylenol Autism Lawsuit
It might be devastating to learn that a medication you believed to be safe may have harmed your child.
Do not allow this to stop you from pursuing legal action to recover damages for your damages, such as future medical costs, emotional suffering, and lost wages.
Hire a personal injury attorney to help you file a Tylenol autism lawsuit and guide you at every stage of the claims process. Legal Giant partners with experienced personal injury attorneys who will work tirelessly to maximize your compensation.
Our partner attorneys will help gather the evidence to prove your case and will not hesitate to take it to trial if the Tylenol manufacturers and other acetaminophen retailers refuse to settle.
Contact us for a free consultation and case evaluation today.
