Florida Tylenol Autism Lawsuit | Tylenol Class Action Lawsuit Attorney

Mothers across the country are currently suing sellers of the widely used drug acetaminophen, most commonly known as Tylenol. As of October 5, 2022, a class action lawsuit encompassing more than 80 cases has been filed, alleging that taking acetaminophen during pregnancy caused the plaintiffs’ children to develop autism, ADHD, or both.

More parents are currently bringing lawsuits against retailers such as Walmart, CVS, Costco, Walgreen, Target, Safeway, and Rite-Aid. According to our Tylenol autism lawsuit attorney, manufacturers of acetaminophen products such as Johnson & Johnson may also be included in product liability claims.

Could you have a claim against Tylenol or other acetaminophen products? You need to know your rights, as this is a huge case that deeply affects your child’s life and yours. Speak with Philip DeBerard, Injury Attorney, a highly trusted firm in South Florida that handles product liability cases like this. We’re ready to investigate your situation, determine if you have a viable case, and advocate for you through your best legal pathways.

Your consultation is free. Call us at 800-299-8878 today.

Does Tylenol Cause Autism and ADHD? The Science Behind The Lawsuits

Tylenol is one of the many brands of medication whose active ingredient is acetaminophen (known in other countries as paracetamol). This over-the-counter drug is popular in the US as a pain reliever, fever reducer, and a cold relief remedy. Recently, however, scientific research has begun linking acetaminophen to autism spectrum disorder (ASD) and attention-deficit hyperactivity disorder (ADHD) in children. These are only some of the studies:

• In 2014, a Danish study of more than 64,000 children and mothers concluded that “[m]aternal acetaminophen use during pregnancy is associated with a higher risk for [hyperkinetic disorders] and ADHD-like behaviors in children.”
• A separate study in the USA in 2017 posited that “one explanation for the increased prevalence of autism is that increased exposure to acetaminophen […] is neurotoxic in babies and small children.”
• In September 2021, 91 scientists and clinicians published a Consensus Statement against acetaminophen use for pregnant women. It was their “call for precautionary action,” highlighting that prenatal exposure to acetaminophen might affect fetal development and increase the risk of neurodevelopmental disorders in the child.

As early as 2015, the Food and Drug Administration explored the link between acetaminophen and disorders like ADHD. The agency said at that time, however, that studies were too limited to make recommendations, and as of November 2022, they were still monitoring the situation. This has not stopped scientists and doctors from sounding the alarm on acetaminophen use during pregnancy.

What is the Case Against Tylenol? What are My Legal Options?

Tylenol Products Liability

The legal basis for the autism claims against Tylenol is called “products liability.” This is a legal concept that holds manufacturers, distributors, and sellers reasonably accountable for their products. If their product has a safety risk that they should know about, they then have the legal responsibility to either recall the product or warn consumers about the safety risk. If the company failed this responsibility, they could be liable for any injury they cause consumers.

On this basis, three main questions must be answered in these Tylenol autism cases:

• Did acetaminophen use during the mother’s pregnancy cause autism/ADHD in the child?
• Did the retailer/manufacturer know about the link between acetaminophen and autism/ADHD?
• Did the retailer/manufacturer warn consumers about this risk?

In recent years, drug manufacturers and distributors have been involved in many products liability cases. Johnson & Johnson, for example, has had to pay huge settlements in cases involving their talcum powder, vaginal mesh product, opioids, and more. Likewise, Walmart has settled similar cases such as one centered on their defective plastic gas cans.

Tylenol Autism MDL

The biggest legal case against Tylenol sellers today is a multidistrict litigation (MDL). An MDL is a pretrial process which consolidates multiple individual lawsuits filed in different districts across the country. One judge will oversee the pretrial phase of the consolidated claim, which includes the discovery (formal investigation) and settlement conferences.

The goal of an MDL is to reach a “global settlement” – one that applies to all plaintiffs instead of many separate ones. If the MDL doesn’t arrive at a global settlement, the judge will send each case back to its original court, where its individual trial can take place.

One advantage of an MDL is that the lawyers of individual plaintiffs can pool their resources, which may bolster their case against a powerful defendant. If you’re a parent thinking about making a Tylenol autism/ADHD claim, joining the MDL may be an option for you. Consult one of our attorneys at the DeBerard firm to determine your best legal pathway to compensation.

How Much Can Plaintiffs Get in a Tylenol Autism Claim?

The Tylenol autism/ADHD lawsuits are a developing story, so at this point, no one can tell for certain what settlement amounts may look like. Some early estimates say individual complainants could receive from $50,000 to $5,000,000, depending on their child’s autism level. At the DeBerard firm, we’ve handled drug injury claims that resulted in millions of dollars in settlements. It’s likewise possible for Tylenol payouts to vary widely from these projections.

In general, if you’re claiming compensation for your child’s autism or ADHD, your payout may cover the following and more:

• Medical costs related to the disorder
• Your lost income from missed work
• Your child’s pain and suffering
• Your child’s lost enjoyment of life
• Your child’s permanent disability.

Getting fair compensation from major corporations will likely be an uphill battle. Defendants can strongly contend the claims against them, such as by saying that the child was already at risk for autism before Tylenol use, or that the mother did not take enough Tylenol to have an effect on the baby. A successful compensation claim will need an experienced attorney who is not afraid to stand up to well-resourced defendants and is skilled in presenting a persuasive case.

Why Choose Philip DeBerard, Injury Attorney?

When choosing a lawyer for your Tylenol claim, the top two qualities you should look for are successful experience and fearlessness in facing powerful companies.

Philip DeBerard, Injury Attorney has been handling personal injury cases for more than 40 years, obtaining over $150 million in settlements and verdicts on behalf of South Floridians. Among our firm’s notable cases is a $2.4 million settlement in a drug injury case and a $2.6 million payout in a medical complaint.

The DeBerard team is aggressive when facing companies, medical professionals, and distributors whose negligence harmed their customers. We have demonstrated this tenacity in our decades-long service, and as a result, Treasure Coast residents have voted Mr. DeBerard the Best Personal Injury Lawyer in the area.

You risk nothing when you work with Philip DeBerard, Injury Attorney. We provide a free consultation, and when we take on your case, we won’t charge any lawyer fees until we’ve won compensation for you. You get top-notch legal guidance and representation without the stress of additional expenses.

Contact Philip DeBerard, Injury Attorney in South Florida

Consult with us for free about your Tylenol or acetaminophen situation. You can talk to us by phone or visit our offices in Stuart, Port St. Lucie, West Palm Beach, Okeechobee, Vero Beach, and Palm Beach Gardens. Schedule your free consultation by calling 1-800-299-8878 today.