We are currently investigating claims linking the use of Tylenol during pregnancy with children being diagnosed with autism spectrum disorder (ASD). Acetaminophen has been marketed to relieve minor aches and pains under various brand names, with Tylenol being the most well-known in the United States. However, recent studies have confirmed a strong link between Tylenol use during pregnancy and autism spectrum disorder (ASD) development in children.
These studies have also indicated that exposure to acetaminophen in utero may lead to higher rates of developmental disorders other neurological issues, including autism spectrum disorder, attention deficit hyperactivity disorder (ADHD), reduced IQ levels, reduced executive function, oppositional defiant disorder, conduct disorder, and language delays.
If you took Tylenol or other medications containing generic acetaminophen while pregnant and your child was later diagnosed with autism, you could be entitled to seek compensation. Contact an experienced Tylenol autism lawsuit attorney at Hach & Rose, LLP for a free consultation to discuss your situation and evaluate your legal options.
Despite Its Popularity, Acetaminophen Is Not Well Understood
According to the Consumer Healthcare Products Association (CHPA), approximately 23% of US adults (52 million) use acetaminophen every week. According to the CHPA, acetaminophen is found in over 600 different medications. We all know acetaminophen relieves pain. However, despite the drug’s prevalence, scientists still do not fully understand how acetaminophen treats pain and reduces fever.
Even though researchers know very little about acetaminophen’s mechanism of action, pregnant women have long been told that acetaminophen is the safest drug on the market for pain relief during pregnancy. Because of this, pregnant women use Tylenol and other acetaminophen-based medicines more than any other over-the-counter pain reliever.
Tylenol May Lead to Autism Spectrum Disorder – Scientific Research
Numerous recent studies have connected prenatal acetaminophen exposure to a higher risk of autism in children. In 2016 the American Journal of Epidemiology published a report indicating that acetaminophen use during pregnancy was associated with a higher risk of autism in males and an increased risk of attention-related outcomes for males and females.
Recent Studies Show Prenatal Exposure
A 2019 study conducted by Johns Hopkins University and funded by the National Institutes of Health built upon these findings. The study was published in the scientific journal JAMA Psychiatry. For the Johns Hopkins University study, researchers took a unique approach: they collected samples of umbilical cord blood from hundreds of newborns, then measured the amount of acetaminophen in each sample. Thus, the researchers were solely looking at the amount of acetaminophen the cord blood samples contained. They then divided the study subjects into three groups based on the level of acetaminophen found in their umbilical cord blood. Researchers found that the children with the highest levels of acetaminophen in their cord blood samples were more than three times as likely to develop ASD down the line than children whose cord blood had the lowest levels of acetaminophen.
In 2020, another study published in JAMA Psychiatry further corroborated the Johns Hopkins study. It found that fetal exposure to Tylenol or generic acetaminophen in the womb notably increased the risk of childhood autism and ADHD. Researchers discovered that as the level of prenatal exposure increased, so did the risk of being diagnosed with one or both of these conditions. The study concluded that further investigation was warranted.
Health Professionals are Taking Notice of the Increased Risks of Autism and ADHD
We are noting that more and more health professionals warn of the health risks associated with using acetaminophen during pregnancy. The growing scientific evidence is becoming accepted by health professionals who in turn are warning pregnant mothers about prolonged exposure to acetaminophen being linked to children who develop autism spectrum disorder.
Keep in mind the medical studies have consistently illustrated the same causal link between acetaminophen exposure and neurodevelopmental disorders. A number of additional studies have been commissioned to continue researching this link
The Tylenol Autism Class Action Lawsuit
9/23/22 Update on Acetaminophen/Tylenol Autism Lawsuit
A motion to consolidate just over twenty (20) Tylenol autism lawsuits will be heard on September 29, 2022, by the Judicial Panel of Multidistrict Litigation (JPML). The various plaintiff lawyers are pushing the JPML to assign venue in United States Federal Court, Northern District of California or the Eastern District of New York. The defendants are opposing the creation of a Tylenol autism MDL (Multidistrict Litigation) on the grounds that plaintiffs have only filed lawsuits against the retailers and not the manufacturers. In the alternative, the defendants are pushing for venue to be in the District of New Jersey which is a less favorable jurisdiction for plaintiffs.
The Purpose of Creating an MDL
The purpose of an MDL is to consolidate all lawsuits that have been filed in various Federal Courts before one single Judge to increase efficient discovery and expedite the proceedings. As of date, twenty-three (23) lawsuits have been filed that will fall within the potential Tylenol autism MDL. The assigned Judge will attempt to streamline the lawsuits which promotes the possibility of a global settlement.
Tylenol Autism Lawsuits That Have Been Filed in Federal Court
In reviewing Tylenol autism lawsuits as of date, we have noted the most common defendants are Walgreens, CVS, Costco, Rite Aid and Walmart. We strongly believe the Tylenol autism lawsuits may exceed 10,000 over the coming months and shapes up to be one of the biggest mass torts of all time. The question remains, when will the manufacturers like Johnson & Johnson be sued. We believe there is a strategy in going after the retailers and leaving the manufacturers out at this juncture. Johnson & Johnson is already facing a large number of high exposure lawsuits relating to opioids and talcum powder. In fact they created a new subsidiary over the past year and filed Chapter 11 bankruptcy.
There May Be a Correlation Between Dosage and Risk of Autism
Studies have suggested a correlation between the risk of childhood autism spectrum disorder and factors such as dosage, timing, and length of acetaminophen exposure. Some studies indicate small doses of Tylenol during pregnancy are safe and do not increase a child’s risk of developing neurological disorders, while larger doses correlate to an increased risk of autism spectrum disorder and ADHD diagnosis.
Due to these recent revelations, many physicians no longer recommend Tylenol for pain relief during pregnancy. Many doctors have instructed pregnant women not to use Tylenol unless it’s essential. It is difficult to ignore the growing research establishing a link between Tylenol usage and children diagnosed with autism spectrum disorder. The potential risks associated with consistent fetal exposure to acetaminophen exposure is impossible to ignore.
Manufacturers and Retailers of Acetaminophen or Tylenol Failed to Warn of Dangers
Meanwhile, drugmakers have yet to acknowledge the growing body of research demonstrating the dangers of acetaminophen exposure for fetuses, nor have they warned pregnant people about the risks associated with using acetaminophen products. Pharmaceutical companies have not issued any guidance addressing what doses of the drug are safe for consumption during pregnancy. Further, the retailers knew full well of the aforementioned risks and failed to disclose such to consumers. Retailers such as Rite Aid, Walmart, Walgreens, CVS and Costco have made millions selling generic store brands of acetaminophen let alone the Tylenol they sell.
Symptoms of Autism Spectrum Disorder
Autism Spectrum Disorders refers to a wide range of conditions that are considered neurological disorders and developmental disorders. The hallmark autism spectrum symptoms include:
- inability to maintain eye contact or avoiding it all together
- difficulty picking up on or interpreting social cues
- growing upset by small changes in routines or rules
- being more or less sensitive to sensory inputs such as sound, light, texture and temperature
- difficulty in adjusting ones behavior to fit a social situation
- inability to express emotions
- becoming anxious in social situations and withdrawing into their own world
- Attention Deficit Hyperactivity Disorder (ADHD)
- ADHD is considered a neurological and neurodevelopmental disorder that impacts 3-5% of children. ADHD impedes an individual’s ability to stay on task and control their overall behavior. Symptoms of ADHD include:
- regularly squirming or fidgeting
- routinely losing items or objects
- forgetting information they were told
- difficulty resisting temptation
- inability to wait ones turn
- regularly daydreaming
- taking unnecessary risks
Who Qualifies for a Tylenol Autism Lawsuit?
If you took Tylenol or another acetaminophen product while you were expecting — especially at high doses or for an extended period — and your child later developed ASD, you could qualify for a civil lawsuit against the drug manufacturer for failing to warn consumers about the risks associated with using their product while pregnant.
Through a Tylenol autism lawsuit, you may be able to seek compensation for medical expenses, mental healthcare expenses, permanent disability costs, physical and emotional pain and suffering, loss of enjoyment of life, and other losses.
The Main Qualifying Issues for Tylenol Autism Lawsuit
- mother took Tylenol or generic acetaminophen while pregnant
- the mother was not taking acetaminophen or Tylenol against the advice of a health professional
- the child sustained fetal exposure to Tylenol or generic acetaminophen
- child was subsequently diagnosed with autism spectrum disorder or participates or participated in an individual education program (IEP) or even an autism early intervention program
Issues That Will Disqualify the Individual From The Autism ADHD Lawsuit
- the mother drank alcohol or used illicit drugs during pregnancy
- the mother took one or more selective serotonin reuptake inhibitors (SSRI) during pregnancy
- the mother used tobacco products during pregnancy.
- the father was over 45 years old when child was born
- the mother was over 40 years old when child was born
- either parent of child was diagnosed with autism
- if the child is now older than 18 years of age
- if the child was born after March 26, 2020
- the child was diagnosed with Down syndrome, Tourette syndrome or Fragile X syndrome.
The Medications a Mother Must Have Taken to Qualify
- generic acetaminophen
- generic Paracetamal
- Alka-Seltzer Plus
Am I Eligible for a Lawsuit if I Used Generic Acetaminophen?
Many pregnant people take generic acetaminophen, which tends to be cheaper than the brand name product. Regardless of the type of acetaminophen you took during pregnancy, you could still be eligible for a lawsuit against the manufacturer if your child was diagnosed with autism. Thus, if you used generic acetaminophen our Tylenol autism lawyers want to speak with you right away.
What Evidence Could Be Used to Prove Tylenol Use During Pregnancy?
Various types of evidence could be used to prove that you used Tylenol while you were expecting. For example, if your PCP or OB-GYN recommended Tylenol for pain relief, this might be noted somewhere in your medical records. You could also use bank statements, credit card bills, and purchase receipts to show that you used Tylenol or a generic acetaminophen product during pregnancy.
Medical records confirming that your child was diagnosed with autism will likely be required to prove your case. It may also be beneficial to obtain testimony from your child’s psychiatrist regarding their condition. Our attorneys can help you gather the necessary documentation and testimony to bring the strongest possible case against the drugmaker.
Contact a Tylenol Autism Lawsuit Attorney
At Hach & Rose, LLP, our New York Tylenol autism lawyers are currently reviewing Tylenol autism claims. If your child was diagnosed with autism after exposure to Tylenol or generic acetaminophen in the womb, contact one of our attorneys for a free consultation to discuss your potential Tylenol autism ADHD lawsuit. Our law firm has the necessary financial resources to take on any sized corporate defendant. For more information on the Tylenol lawsuit, call us today.