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Tylenol Autism Lawsuit | August 2023 Update – Legal Ally

Our legal experts are currently going through Tylenol autism cases from parents all over the country. This fresh lawsuit, including ADHD and ADD issues, could potentially lead to a record-breaking payout in U.S. mass tort class action history.

A Tylenol autism class action lawsuit got the go-ahead in late 2022. We anticipate that over 100,000 victims will file a Tylenol autism case. If the lawsuits win, the jury awards and settlements could be quite large. These cases might settle in 2023, and a new warning label will be added to protect unborn children.

autism child cuase by tylenol

So, what’s the deal with these Tylenol autism lawsuits? They’re based on new scientific studies suggesting that taking Tylenol (or generic acetaminophen) during pregnancy might increase the risk of having a baby with autism. This recent evidence connecting Tylenol to autism has sparked a wave of product liability lawsuits against makers and sellers, filed by parents of kids with autism.

Our partner lawyers predicted a rise in Tylenol autism cases, leading to a new class action and possible settlements to help parents and autistic kids. The first part of our prediction came true, and we think the second part will happen too, although it might take a bit longer.

Our network of professional lawyers at Legal Ally are ready to handle new Tylenol autism cases from parents of children diagnosed with autism or autism spectrum disorder after significant use of Tylenol (or acetaminophen) during pregnancy.

Contact our law firm today at (888) 461-3077 or get a free consultation.

August 2023 | Tylenol Class Action Lawsuit Update

August 4, 2023: Earlier in April, J&J’s attempt to dismiss the cases alleging an acetaminophen link to ASD-ADHD was denied on grounds of preemption, a substantial, though expected victory for the plaintiffs. J&J then sought an immediate appeal, known as an interlocutory appeal. However, their request was denied as J&J could not show that all conditions for an immediate appeal were met.

August 1, 2023: Earlier this year, Judge Cote asked for the FDA’s opinion on whether the warning labels proposed by the plaintiffs should be included on Tylenol and other acetaminophen products.

Just last week, Judge Cote agreed to the FDA’s request for an extension of the deadline to submit their opinion. The FDA now has until September 15, 2023, to submit their statement. Interestingly, the deadline for the Daubert motions, which question the admissibility of causation evidence, is due a mere four days later.

The stance the FDA takes on this could have a significant influence on the litigation’s outcome. Currently, the outcome hinges entirely on Judge Cote’s ruling on the Daubert challenges.

July 2023 Tylenol Class Action Lawsuit Update

July 18, 2023: Last month saw the most significant growth in the Tylenol autism class action MDL, with 64 new lawsuits claiming prenatal exposure to acetaminophen resulted in autism. This influx of cases in the last 30 days marks the highest monthly volume since the start of the class action and brings the total number of active cases to 200. Meanwhile, thousands of potential plaintiffs are watching from the sidelines, eagerly waiting for the MDL Judge’s decision on the admissibility of the scientific causation evidence.

July 10, 2023: The litigation maintains its swift pace throughout the summer. With Judge Cote’s approval pending, new deadlines are emerging. The deadline for the defendants to designate their expert is set for July 21, while the deadline for the plaintiffs’ rebuttal expert report is slated for July 28. Depositions of the plaintiffs’ experts by the defendants will proceed. Moreover, once they’re designated on July 21, the defendants pledge to make their experts available for deposition between August 25 and September 12.

A Tylenol Lawsuit Aims to Empower Women with Informed Choices

The Tylenol lawsuits compiled in the MDL assert several charges including negligence, violation of consumer protection laws, negligent misrepresentation, strict liability, and breach of implied warranty. However, the crux of every acetaminophen lawsuit is the alleged failure of manufacturers to warn pregnant women about the potential risks associated with Tylenol usage during pregnancy.

Increasing evidence has suggested a link between acetaminophen use and conditions like ADHD and autism, yet manufacturers have refrained from incorporating any such warnings on their product labels. Despite these potential risks, acetaminophen is still marketed as the sole safe over-the-counter pain relief choice for pregnant women. The essence of this lawsuit is to ensure that pregnant women are equipped with comprehensive information so that they can make informed decisions about consuming Tylenol. The ultimate aim is not to ban Tylenol, but to ensure pregnant women are suitably informed to make the best choices for their own health and that of their unborn children.

The question then arises – why not simply add a warning label informing women of what we know? The response, quite plainly, is financial. The inclusion of an autism warning on Tylenol labels could dramatically affect sales by instilling fear and uncertainty in pregnant women. Would a pregnant woman with minor neck pain or muscle aches risk taking Tylenol, knowing it might potentially be linked to autism? Even doubt regarding the conclusiveness of the evidence would likely deter sales, resulting in significant revenue loss for Tylenol manufacturers. Furthermore, the impact goes beyond pregnant women – the ripple effects of media coverage surrounding, such a warning could tarnish the brand’s reputation for safety, eroding consumer trust. Ultimately, this translates into reduced profits.

Tylenol Autism Class Action Lawsuit

This latest research has triggered a surge in recent Tylenol autism lawsuits against significant manufacturers and sellers of Tylenol and generic acetaminophen products. The plaintiffs in these lawsuits contend that the use of Tylenol or acetaminophen products during pregnancy led their children to develop autism spectrum disorder. They argue that the defendants were negligent in not providing warnings about this risk.

Over the past six months, the quantity of Tylenol autism product liability lawsuits filed nationwide has seen a substantial increase. In June, the volume of pending Tylenol autism cases was large enough to prompt a group of plaintiffs to request the Judicial Panel on Multidistrict Litigation (JPML) to combine all the cases into a new class action MDL. This request was approved, leading to the formation of an acetaminophen class action lawsuit in New York.

Consequently, the Tylenol class action lawsuit consolidates all federal acetaminophen claims into multidistrict litigation (MDL) in the Southern District of New York. This indicates that any ongoing federal lawsuits across the country, from California and Florida to Texas and beyond, will be transferred to New York for pretrial procedures.

An MDL class action is a legal mechanism designed to simplify the management of intricate cases involving multiple plaintiffs by grouping them into a single court to avoid duplicative discovery and inconsistent rulings. The purpose of an MDL is to enhance judicial efficiency and prevent conflicting decisions on similar matters.

Who Can File a Tylenol Autism Lawsuit?

tylenol autism lawsuit

If you heavily used an acetaminophen product like Tylenol during pregnancy, and your child was subsequently diagnosed with ADHD or an autism spectrum disorder, you might be eligible to file a product liability lawsuit and seek financial compensation.

The causal evidence linking autism to acetaminophen use during pregnancy is still evolving, with more studies in progress. However, the research underscored in the Consensus Statement may meet the legal prerequisites to be presented to a jury in a civil lawsuit. If this occurs, plaintiffs in Tylenol autism lawsuits could potentially secure substantial financial compensation for their claims.

Prospective plaintiffs will have more compelling cases if they can demonstrate that they consumed high doses of Tylenol or acetaminophen products over a sustained period during pregnancy. A lack of family history of autism, complications during pregnancy, or other potential risk factors for autism and neurological conditions can further strengthen a claim.

More on the Tylenol class action Speculation about Tylenol autism settlement

Contact Us About Your Tylenol Autism Lawsuit

The national product liability lawyer at Legal Ally are reviewing Tylenol autism lawsuits for parents of children diagnosed with autism after significant Tylenol, or generic acetaminophen use during pregnancy. Contact our Tylenol autism lawyers today at  (888) 461-3077 or get a no-obligation, free consultation

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