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On this page we’ll discuss the factors that impact potential Tylenol autism lawsuit settlement amounts, an overview of the Tylenol Autism Lawsuit, Autism Spectrum Disorder (ASD), and much more.
There’s been an increase in studies that show how acetaminophen may cause autism, attention-deficit/hyperactivity disorder (ADHD), and other neurological disorders in children in the womb.
Thanks to these findings, thousands of people are suing the manufacturers and distributors of the medicine — especially the brand Tylenol.
These Tylenol autism lawsuits are meant to hold the defendants liable for the damages the plaintiffs suffered because of the drug’s effects.
That way, parents and their children can get compensation for medical bills, pain and suffering, and other types of damages stemming from the effects of Tylenol.
How much can the plaintiffs get?
Who is qualified to file a Tylenol autism/ADHD lawsuit?
Tru Lawsuit Info has shared some information about this mass tort lawsuit.
Keep reading to learn more.
If you believe you have a case, talk to us for a free evaluation.
Tylenol autism lawsuits are filed to hold acetaminophen manufacturers and distributors accountable for violating product liability laws.
Plaintiffs are alleging that pharmacies, retailers, and pharmaceutical companies failed to provide warnings about the possible side effects of prenatal acetaminophen exposure.
The alleged effects of Tylenol are widespread because of how common the medicine is.
Because of this scope, the current Tylenol lawsuits are being consolidated into a mass tort class action — one of the biggest in U.S. history.
Since the cases are still in their early stages, there isn’t any exact amount guaranteed as of writing.
Given that, a plaintiff is still expected to reach a high settlement amount if they win a Tylenol lawsuit.
Autism and other developmental disorders are not a small matter, even though they’re not always life-threatening issues.
Cases could be worth millions of dollars depending on the severity of the child’s symptoms. Product liability lawyers estimate that some individual cases may go over $2 million should liability be proven.
Of course, the settlement amount is still dependent on several other factors.
Plaintiffs and their Tylenol autism lawyers can argue for the economic toll and non-economic damages that prenatal exposure to acetaminophen caused.
This covers treatment and therapy, specialized services, medical treatments and diagnosis, and even pain and suffering.
Another major factor that could heavily affect the settlement amount is the severity of the neurological disorder, most particularly in autism.
We’ll discuss this further below.
Acetaminophen is a type of pain reliever typically used to treat mild to moderate pain.
It’s also known as paracetamol, with Tylenol and Panadol as some of the most well-known brand names.
Tylenol or acetaminophen products are considered some of the safest types of over-the-counter pain medication, but they aren’t as effective as other pain relief drugs like ibuprofen, so many people tend to take too much of it.
High concentrations of the drug in the body can cause liver damage, but a person needs to take an excess of 3000 mg a day to reach dangerous levels.
Since it’s currently known to be harmless, acetaminophen is usually prescribed for pregnant women who experience headaches, muscle aches, and back aches.
Of course, acetaminophen use during pregnancy is currently a controversial topic because of the possible link to autism and ADHD.
So far, there haven’t been any recalls or label warnings for the drug since the connection is still not firmly established.
If the plaintiffs win, then manufacturers and distributors must take adequate measures to inform the public of the drug’s possible health risks and pregnancy complications.
Autism — also known as autism spectrum disorder (ASD) — is a developmental disorder that starts manifesting in early childhood.
According to the Centers for Disease Control and Prevention, autism is characterized by challenges in social interaction and communication, repetitive behaviors, and different ways of learning, playing, and moving.
Those who have autism are on a spectrum, as the name implies.
Some people are high functioning, developing their own workarounds in order to navigate daily living with the disorder.
However, there are those who are totally dependent on their families or caregivers to function.
These people are at the other end of the spectrum, and they usually face challenges in their learning, cognitive, social, and even motor skills.
Currently, there are three levels for ASD.
These range from mild autism to severe autism, and the classification is one of the most important factors when it comes to determining the settlement amount the plaintiffs may receive.
Otherwise known as high-functioning autism, ASD Level 1 is the mildest form of the disorder.
Those who have it can speak in complete sentences and are able to communicate with other people without much difficulty.
However, they have trouble with social cues and completing tasks.
For ASD Level 1, most law firms project that plaintiffs will receive a maximum of $225,000 in compensation.
Those with ASD Level 2 have more obvious communication issues compared to Level 1.
In addition, they have a harder time following instructions and completing tasks, especially when there are changes in an established routine.
However, the most discernible hallmark of ASD Level 2 is repetitive behavior, which isn’t as common in ASLD Level 1. Since Level 2 is more severe, compensation can reach up to $500,000 if the plaintiffs win.
The most severe form of autism is ASD Level 3.
This classification includes children who face all the challenges in Levels 1 and 2, but in more pronounced ways.
They can only speak a few words and use non-verbal cues to communicate.
In addition, they only seek social interaction to address their immediate needs and not for any other purpose.
Due to these issues, people with ASD Level 3 will need some sort of support their entire life.
The forecasted settlement amount for this classification starts at $350,000 to well over millions.
Unfortunately, there is no known cure for autism. It can be diagnosed in children as early as 18 months old.
If a child is exhibiting repetitive behavior, doesn’t seem to show much or any emotion, is not interested in socializing, or has some obsessive interests, then you can bring them to a psychiatrist for assessment.
Since the exact cause of the disorder is currently unknown, there are also no known ways to prevent autism.
However, it is believed that several factors cause a child to develop autism spectrum disorder.
The most predominant of these factors are genetic in nature.
However, fetal exposure to certain toxic substances and medication may play a part.
One of the drugs currently under scrutiny is acetaminophen.
The other developmental problem involved in the acetaminophen lawsuits is ADHD, one of the most common types of neurological disorders.
It’s characterized by challenges in attention and behavior, hyperactivity, and impulsiveness.
These issues can be detrimental to those diagnosed with ADHD.
Their social, academic, and professional life could all be affected because of their impulsivity or lack of attention.
For children, ADHD manifests as the following symptoms:
If your child is showing these symptoms, then having them evaluated by a licensed medical professional can help confirm or disprove your hunch.
There aren’t any severity classifications for ADHD, unlike autism.
The types are only differentiated based on the specific symptoms seen in the child.
For now, most legal firms predict that the Tylenol ADHD settlement amount will be on the same level as ASD Level 1.
Families could receive up to $225,000 in financial reparation if they win the case.
Unfortunately, there is no cure for ADHD.
The disorder is also not preventable since there are many factors that are believed to cause it.
At the top of these factors is genetic in nature.
Those with a family history of ADHD are more likely to have children with the disorder.
Exposure to certain substances, like medication and teratogens, may also play a part.
What has prompted the rise of Tylenol autism cases in recent years?
While reviewing Tylenol autism lawsuits, we need to discuss first the scientific studies that showed the connection between acetaminophen and fetal development issues.
The first mention of acetaminophen and its link to ADHD and autism was in a meta-analysis published by the American Journal of Epidemiology.
The study was a collection of many other research articles detailing the use of acetaminophen during pregnancy.
One of these studies from Johns Hopkins University involved taking umbilical cord blood samples, which showed that children who had the highest concentrations of acetaminophen were more likely to develop some form of autism or ADHD.
Some of the studies found no connection at all.
So far, the association may merely be just correlation, so more studies are needed to disprove or confirm the effects of acetaminophen on fetal brain development.
The last thing researchers want to happen is for people to start feeling anxious over unproven connections.
Is the link being made more significant than it really is?
Can the data be trusted?
Here are some factors that may have affected how the data was presented and analyzed:
As of now, further studies are needed to clearly establish the connection between ADHD/autism and Tylenol use.
These research efforts can be used during the trials as evidence to help the jury or the judge decide the validity of the claims, and ultimately, if the manufacturers and distributors of acetaminophen are liable.
Unlike in criminal cases, absolute certainty is not necessary in a civil case.
As long as lawyers can establish that Tylenol usage is more likely than not to result in autism or ADHD diagnosis, then the ruling will likely be in favor of the plaintiffs.
The Role of Johnson and Johnson
Tylenol is a prominent brand of acetaminophen produced by Johnson and Johnson, one of the world’s largest healthcare companies.
The company has faced a series of lawsuits related to their products, primarily due to their role in the opioid crisis and cancer-linked product liability cases involving items like talcum powder and baby shampoo.
Challenging Johnson and Johnson in Court
Given their extensive experience with litigation, Johnson and Johnson will be well-prepared to defend against Tylenol autism and ADHD lawsuits.
If you plan to file a lawsuit, it’s critical to work with an experienced legal firm or specialized Tylenol lawyers.
Suing Other Acetaminophen Manufacturers
Panadol, another well-known acetaminophen brand, is manufactured by the GSK group of companies. They, too, can be subject to lawsuits.
Taking Legal Action Against Distributors
Beyond manufacturers, lawsuits can also be filed against distributors.
Federal law tends to make it easier to hold these entities liable, often leading to retailers being common defendants.
Key distributors include:
These companies often opt for out-of-court settlements to avoid public relations issues associated with lawsuits.
For instance, Walmart attempted to dismiss a case in November 2022 but was denied.
The Tylenol autism lawsuits have been consolidated into a multidistrict litigation (MDL) class action lawsuit in New York to make the trials go faster.
This means that only a few cases will be selected for trial among the expected 100,000 claims.
This is called the Tylenol multidistrict litigation, with some of the cases coming from all over the country.
Thanks to the MDL approach, plaintiffs can expect a much quicker resolution for their cases.
As of January 2023, the Tylenol autism MDL judge, Judge Denise L. Cote, has assigned Randi Ellis to take charge of the initial census for the lawsuits.
If you are planning to file a Tylenol autism lawsuit, then you’ll need to work with a product liability lawyer, so your case will be included during the data-gathering stage.
Most of the cases fall under product liability laws.
While reviewing Tylenol autism lawsuits, lawyers will first consider if claims fall under one of the following:
Proving the liability of Tylenol makers and retailers may seem like an uphill battle.
However, getting financial compensation for the challenges you’ve faced as a family with children on the spectrum will make the ordeal worth the effort.
The settlement will not solve all your problems or concerns, but it could make life easier for you and your kids.
If you believe you have a case, Tru Lawsuit Info offers free evaluations and can pair you with the best lawyers available.
Contact us today!
Experienced Attorney & Legal SaaS CEO
With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
Here, at Tru Lawsuit Info, we’re committed to helping victims get the justice they deserve.
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