By One of the most popular painkillers in the world is Tylenol. Although acetaminophen, the drug’s active ingredient, has been linked to an increased risk of autism in mothers, an NIH study published in April 2024 found no evidence of this connection. However, some parents have started bringing thousands of Tylenol lawsuits against drug manufacturers and retail stores who sold the drug in response to claims that acetaminophen may cause autism in children. This blog provides you with detailed information about Tylenol lawsuits.
Tylenol Lawsuit
A Consensus Statement was published in September 2021 in the medical journal Nature Reviews Endocrinology by 91 of the world’s leading medical experts. The statement warned readers of the possible link between autism and acetaminophen (paracetamol). It detailed the growing body of research indicating that heavy consumption of acetaminophen during pregnancy might increase the chance of an autism spectrum diagnosis in a baby.
Some parents and families began to take action and file Tylenol lawsuits against retailers and manufacturers in response to the mounting evidence. Walmart was among them, but Johnson & Johnson, the company that made Tylenol, was not at that time. Among other things, plaintiffs claimed defendants failed to warn them of the dangers associated with their products.
Several lawsuits have been filed as a result of Tylenol’s widespread usage. In 2022, a class action was eventually certified. Additionally, a Multidistrict Litigation (MDL) was formed to handle several Tylenol lawsuits. In a class action, various plaintiffs come together to bring one significant claim. In an MDL, on the other hand, each plaintiff keeps their individual claims; however, all cases are moved under one judge to streamline and simplify the process of handling numerous cases simultaneously.
Walmart attempted to have the case against it dropped, claiming that FDA regulations prevented the additional warning labels, however, the court was not responsive for their request. The MDL’s legal proceedings continued, with the approval of a short form complaint that plaintiffs could use to more easily join a claim and the creation of a discovery plan that centered on collecting documentation demonstrating the existence of scientific evidence on the risks of prenatal exposure.
Several defendants, including Johnson & Johnson, Family Dollar, 7-Eleven, and Dollar Tree, had been named by August 2023, where hundreds of claims were still pending in federal courts. In state courts numerous cases were pending that were not related to the federal multidistrict litigation.
According to the American College of Obstetricians and Gynecologists (ACOG), acetaminophen is safe when taken in moderation during pregnancy. As per the organization, there is no direct evidence that the relation between acetaminophen use and neurobehavioral issues in children.
In September, the U.S. Food and Drug Administration declared that there was not enough evidence to link acetaminophen to neurobehavioral issues and that it would not weigh on the ongoing lawsuits. In addition, the federal health agency advised women to consult with their doctors before taking any drug while pregnant or if they are planning to get pregnant.
If you are considering pursuing a Tylenol lawsuit based on acetaminophen use during pregnancy you should consult with an experienced product liability lawyer to determine what legal strategy is best for you. Your lawyer advises you whether joining the mass tort litigation which is ongoing is your best course of action effectively and easily to get the money you need.
Compensation in Tylenol Lawsuit
Settlements are often utilized to end significant product liability claims. Bellwether trials (representative trials) are one of the objectives of a Multi District Litigation (MDL) so as to provide the parties involved with an idea of how strong their cases are and what kind of compensation a court might decide to award. This can aid to determine an appropriate settlement.
Your compensation will be determined after taking into consideration the terms of the settlement as well as how severely to which your family was affected, if cases settle and you are involved in a class action or multi-district litigation. You could be able to get tens or even hundreds of thousands of dollars in compensation.
A Causation Hearing May Influence Upcoming Cases
As the cases were raised, the defendants challenged the expert testimony of the plaintiffs, which was aimed at showing a connection between acetaminophen and autism. These challenges were addressed at a Daubert hearing, so titled in honor of the pivotal case called Daubert v. Merrell Dow Pharmaceuticals, Inc. The case helps to establish the criteria for which scientific research and evidence are admissible in court.
Early in December, the Daubert hearing was held and on December 19, the judge made the decision to exclude the evidence that the plaintiffs hoped to present. The judge’s decision establishes that there is inadmissible scientific evidence in federal court linking the use of acetaminophen to autism. The MDL and all other federal cases in this case will be dismissed. State courts will however continue to hear lawsuits.
Tylenol Lawsuit FAQs
Q1. Is there a valid lawsuit connecting Tylenol and autism?
Ans: Regarding the potential link between autism and tylenol, lawsuits are pending against drug manufacturers and retailers at the federal and state levels. According to research, extended use of acetaminophen during pregnancy may increase the chance of autism. Families and parents have been suing claiming the drug use in their child’s diagnosis.
Q2. Are you eligible for a Tylenol lawsuit?
Ans: To successfully sue, you must provide evidence linking the mother’s acetaminophen use throughout her pregnancy to your child’s autism diagnosis. If you meet the requirements for using Tylenol while pregnant, you might be able to join a pending mass tort lawsuit. Alternatively, you might speak with a product liability lawyer about filing an independent case.
Q3. How much compensation can you get from a Tylenol lawsuit?
Ans: Hundreds of plaintiffs are suing Johnson & Johnson, other drug manufacturers and retailers alleging that Tylenol use during pregnancy resulted in an autism diagnosis. Plaintiffs may be able to get damage in the hundreds of thousands of dollars if the defendants agree to settle the lawsuits. The specific amounts will vary according to the defendant’s settlement offer and the extent of the harm to your family.