Tylenol (acetaminophen) has been linked by some researchers to children being diagnosed with autism spectrum disorder (ASD) or attention-deficit hyperactivity disorder (ADHD).
A 2019 study found an association between in utero acetaminophen exposure and a higher risk of ASD and ADHD in children.
Call us today for a free consultation if you took acetaminophen while you were pregnant and your child developed ASD, ADHD or both. You may qualify for financial compensation in a lawsuit. We will not charge you any fee to represent you in connection with your child’s ASD and/or ADHD until and unless we recover financial compensation for you.
Tylenol Lawsuit 2023 Latest News And Updates
September 2023: 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.
August 2023: 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.
May 2023: 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.
April 2023: 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.
April 2023: 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.
April 2023: 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.
February 2023: 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.
December 2022: Judge Cote issued an order allowing future lawsuits over Tylenol to be directly filed using short-form complaints.
October 2022: 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.
July 2022: 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.