Widespread use of the popular pain reliever Tylenol (acetaminophen) does not necessarily mean it is a safe drug for everyone to take, especially those who are pregnant. The drug has been linked by certain researchers to diagnoses in children for autism and attention-deficit hyperactivity disorder (ADHD). Both disorders come with their own challenges, and, in many cases, they affect children for the rest of their lives.
If you took Tylenol while pregnant and your child later developed one of these conditions (or even both), you can file a Tylenol autism ADHD lawsuit and recover compensation. Nadrich & Cohen will review your legal options with you during a free consultation. We can begin your case at no cost to you. Remember, we do not get paid unless you recover compensation.
Do I Have A Case?
We are investigating cases involving children who developed ADHD or autism spectrum disorder after their parents took Tylenol while pregnant, especially cases involving children diagnosed or born from 2013 to 2020. We are investigating cases involving pregnant mothers who took one or more the following during the second or third trimester of pregnancy:
- Generic Paracetamol
- Generic Acetaminophen
Our law firm is performing investigations regarding the following conditions which resulted from use of the products above:
- Autism spectrum disorder
- Childhood disintegrative disorder
- Kanner’s syndrome
- Asperger’s syndrome
- Pervasive developmental disorder, not otherwise specified (PDD-NOS)
Unfortunately, we can’t investigate cases when:
- A mother lacks custody of a child, is not a child’s representative, or isn’t willing or able to sign on behalf of an injured child
- A mother isn’t an incapacitated child’s legal guardian
- A mother is dead and her next of kin isn’t willing to sign on behalf of her
- The child who has been injured is 18 years old or older
- None of the above injuries have been diagnosed and a mother isn’t willing to get them diagnosed
Studies Link Prenatal Tylenol Use and ADHD, Autism Risks
While some conclude Tylenol (acetaminophen) is safe to take during pregnancy, other researchers warn against it. Prenatal Tylenol use remains under study. In 2019, a Johns Hopkins Bloomberg School of Public Health study concluded that children exposed to acetaminophen while in the womb were at higher risk of developing autism or ADHD.
Johns Hopkins’ researchers reviewed 20 years of data from the Boston Birth Cohort during the study. After their review, they concluded that children with acetaminophen in their umbilical cord blood samples were nearly three times more likely to receive an ADHD or autism diagnosis during childhood. The study appeared in JAMA Psychiatry.
Study Claims Possible Link Between Acetaminophen Use During Pregnancy And Childhood Behavioral Problems
JAMA Pediatrics suggests that prenatal acetaminophen use may affect neurodevelopment in the womb and cause behavioral problems in elementary-age children. After reviewing data from nearly 7,800 mothers who used acetaminophen during pregnancy, researchers concluded that drug exposure may put children at a higher risk of having behavioral issues, including hyperactivity and emotional problems.
FDA Warns Consumers About Tylenol’s Effects on the Liver
According to the Food and Drug Administration (FDA), more than 600 medications contain acetaminophen.
Here are some things for you to know:
- Johnson & Johnson (J&J) and McNeil Consumer Healthcare (its subsidiary that makes Tylenol) have faced lawsuits over the years from plaintiffs who claim they suffered liver damage after taking Tylenol.
- The FDA warns against taking too much acetaminophen despite its benefits. Taking more of the drug than prescribed, doubling up on medicines that have it, and taking it while drinking alcohol can all harm the liver.
- Plaintiffs who have sued Tylenol’s drugmakers say the companies did not go far enough in warning consumers about Tylenol’s liver dangers. In 2017, after years of lawsuits and litigation, J&J and McNeil Consumer Healthcare settled lawsuits concerning liver failure and liver damage linked to Tylenol use.
How We Can Help With a Tylenol Autism ADHD Lawsuit
If you think your Tylenol or acetaminophen use during pregnancy caused your child’s autism or ADHD diagnosis, we would be happy to explore your legal options. For more than 30 years, the attorneys at Nadrich & Cohen have helped clients with dangerous and defective drug claims.
Our lawyers are ready to:
Investigate Your Case and Gather Supporting Evidence
To recoup compensation, we must show that because Tylenol caused your child’s condition, its makers owe you compensation. To do this, we need supporting evidence, such as:
- Medical records that show you used and were advised to use Tylenol during your pregnancy
- Witness testimony from those who may have seen you use Tylenol while pregnant
- We will provide expert testimony from medical professionals and other experts who can offer an opinion that supports your allegations
- Documents showing you bought and used Tylenol, such as a store receipt or invoice
We can also use evidence that proves your child was diagnosed with autism or ADHD, such as:
- Your child’s medical records, documenting their autism or ADHD diagnosis
- Your child’s appointment schedule and notes about their condition from a medical or mental health professional
- Notes from your child’s school about their conduct in class, behavioral challenges, etc.
- Witness testimony from your family members, your child’s teachers, and others close to you
Pursue Financial Recovery for Your Injury-Related Losses
Before implementing a course of legal action, we will review your situation and identify your damages. Financial recovery in your case could account for:
- Medical expenses (past, present, and future)
- Rehabilitation expenses (such as cognitive behavioral therapy)
- Medications and medical devices
- Pain and suffering
- Income loss and lost or reduced earning ability
- Special education expenses and accommodations
- Cost of permanent disability
Guide You Through the Claims Process
Right now, you have enough on your plate. Your child may require intensive care to manage their behavior or perform well in school. The last thing you need to worry about is building a case against a billion-dollar drugmaker. That will be our job.
Hiring legal representation to manage your Tylenol autism ADHD lawsuit ensures you have a professional on your side who understands our state’s product liability law. Legal aid also ensures you have an advocate who has one goal: to promote your family’s right to damages.
Our attorneys will advise you throughout your case, protecting your interests and rights. We will keep your case on track and keep you informed as the case progresses.
Tylenol Lawsuit Updates
The Tylenol autism MDL now has 382 cases pending in it. In September, 111 cases were added to the MDL.
A study has found that acetaminophen might cause the impairment of neurodevelopment when pregnant women ingest the drug. Researchers used cells in a laboratory mimicking the human brain’s early stages, exposing the cells to similar amounts of acetaminophen to what fetuses may be exposed to when pregnant women take the drug. Defendants in ongoing Tylenol litigation objected to plaintiffs including the new study in litigation, arguing it is untimely.
On September 8, the U.S. Department of Justice indicated in a letter that the FDA will decline the invitation by Judge Denise Cote to review a Tylenol label warning proposed by plaintiffs in the Tylenol MDL. The letter instead indicated that the court should instead rely on epidemiological assessments made by the FDA already.
It appears as if the future of the Tylenol autism litigation hinges on the upcoming outcome of Daubert challenges. Plaintiff lawyers seem to believe U.S. District Judge Denise Cote will give a favorable ruling on Daubert since there is strong science backing the claims and that even if a favorable Daubert ruling is not given, the claims will still be viable and strong in state court.
On August 3, a Johnson & Johnson request for an appeal of orders which denied the dismissal of a lawsuit which alleged prenatal Tylenol use caused a child’s ADHD and autism was rejected by MDL Judge Denise Cote. The judge ruled J&J didn’t satisfy factors necessary for an appeal and that the question the establishment of causation and the question of the company’s knowledge of a possible defect weren’t currently subject to an appeal.
Johnson & Johnson filed a motion seeking an interlocutory appeal of an April 2023 ruling which rejected the company’s February 2023 motion to dismiss every short form complaint regarding Tylenol ADHD and ASD lawsuits.
U.S. District Judge Denise Cote rejected a February Johnson & Johnson motion to dismiss short form complaints regarding ASD and ADHD lawsuits involving Tylenol. The motion argued that Johnson & Johnson wasn’t able to add more stringent warnings regarding pregnancy to Tylenol’s label because of federal law. The motion argued that if claims were allowed to proceed, this would put federal regulations in conflict with state laws.
Judge Cote called on the FDA to review plaintiffs’ proposed Tylenol label warning. The judge asked the FDA if they think the warning should be added to labels of acetaminophen, and whether the label warning is warranted by science.
Plaintiffs submitted a proposed label warning for Tylenol. The proposed warning states that studies have shown that use of Tylenol during pregnancy might increase the risk of the child developing ADHD or ASD.
Johnson & Johnson filed a motion to dismiss short form complaints regarding lawsuits over Tylenol allegedly causing ADHD and ASD in children. The motion claimed that the company can’t add stricter warnings about pregnancy to the label of Tylenol due to federal law. The motion claimed that claims being allowed to proceed would have state laws conflicting with federal regulations.
Judge Cote issued an order allowing future lawsuits over Tylenol to be directly filed using short-form complaints.
The United States Judicial Panel on Multidistrict Litigation consolidated all acetaminophen ADHD and ASD lawsuits into a multidistriction litigation (MDL) in the Southern District of New York, to be overseen by Senior U.S. District Judge Denise Cote.
Plaintiffs filed a motion asking the U.S. Judicial Panel on Multidistrict litigation to consolidate acetaminophen ASD and ADHD lawsuits before a single judge in an MDL.
Call Us Today About Your Tylenol Autism ADHD Lawsuit
If your child has autism or ADHD and you think prenatal Tylenol or acetaminophen use caused the diagnosis, we can help you recover compensation. These awards could pay for your child’s future medical care, education, and more.
We want to help you get the financial support you need so your child can thrive. Call Nadrich & Cohen for a free consultation.