Tylenol Lawsuit – Autism Injury Settlement

The Tylenol lawsuits claim that acetaminophen use during pregnancy could connect to autism spectrum disorder (ASD) in children. Individuals who took Tylenol, Paracetamol, Excedrin, Goody’s, or Backaid Inflammatory Pain Formula during their pregnancy and have a child who has received an ASD diagnosis could be entitled to recover damages related to their children’s diagnoses.

Acetaminophen can also be present in other other-the-counter (OTC) medications, including NyQuil/DayQuil, Mucinex, Robitussin, and Alka-Seltzer Plus.

Our law firm is investigating cases on behalf of individuals who consumed one of these acetaminophen products while they were pregnant, and their child developed autism.

Since 1955, we have represented individuals who suffered injuries from defective drugs, medical devices, and products. Our firm founded the premier mass torts conference—Mass Torts Made Perfect—where thousands of attorneys gather twice a year to learn from our lawyers how to best handle these types of cases. Our attorneys are listed in Best Lawyers in America and The National Trial Lawyers Hall of Fame.

We will bring the skills and experience that have brought results for our clients to your case. Call us today or complete the Acetaminophen Autism Free Case Evaluation Form on this page.

What Do We Know About Tylenol and Autism Lawsuits?

Plaintiffs in the lawsuits in the Tylenol autism MDL allege that their use of OTC generic acetaminophen products while pregnant exposed fetuses to acetaminophen, causing plaintiffs’ children to develop autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), or both.

Defendants in the acetaminophen autism lawsuits include Johnson and Johnson, major retailers, as well as makers of generic acetaminophen.

According to the U.S. Judicial Panel on Multidistrict Litigation (JPML), the lawsuits share several common questions of fact:

  • Whether prenatal exposure to acetaminophen can cause ASD and ADHD
  • Whether and when defendants knew or should have known of the risk based on, inter alia, studies allegedly linking acetaminophen to ASD and ADHD
  • The alleged role and potential responsibility of common APAP product suppliers

As a result, the MDL actions share common general causation, background science, and regulatory history.

In the JPML’s opinion, this overlap of central factual issues, parties, and claims warranted the creation of a single MDL On October 5, a Transfer Order was issued, centralizing for pretrial proceedings in the Southern District of New York under the Honorable Denise L. Cote.

Initially, 18 actions were pending across seven districts, but this number continues to grow. As of March 16, 2023, 107 actions were pending in the MDL 3043 (IN RE: Acetaminophen – ASD/ADHD Products Liability Litigation).

What Are the Main Legal Issues Involving Tylenol, APAP, and Autism Spectrum Disorder?

Plaintiffs allege that the defendants in the MDL No. 3043 (in re: Acetaminophen – ASD/ADHD Products Liability Litigation) knew or should have known that Tylenol and acetaminophen products cause autism in children when consumed during a mother’s pregnancy.

Who Can File a Tylenol/Acetaminophen and Autism Lawsuit?

Our lawyers are investigating cases in which the injured “child” has received a diagnosis of autism or ASD and is currently under the age of 18 years old.

We recommend that you save all potential evidence, such as:

  • Receipts
  • Packaging
  • Details from memberships in grocery store or pharmacy store loyalty programs
  • Any other documentation you have available to prove usage of acetaminophen products.

Who Are the Defendants in an Acetaminophen and ASD Litigation?

Defendants in these cases would include the makers of branded acetaminophen OTC medications, including:

  • Tylenol
  • Excedrin
  • Goody’s
  • Acetaminophen
  • Alka-Seltzer Plus
  • Backaid Inflammatory Pain Formula
  • Paracetamol
  • Mucinex
  • NyQuil/Dayquil
  • Robitussin

If your child’s mother took generic acetaminophen products, the retailer that sold the medications could be named in the lawsuit. Examples include:

  • Walmart
  • Walgreens
  • Duane Reade
  • CVS
  • Rite-Aid
  • Amazon
  • Target

What Settlement Amounts Come From a Tylenol and Autism Lawsuit?

The number of Tylenol autism lawsuits continues to grow, but none of these cases have been settled or gone to trial. As such, there are currently no numbers to report in this area.

That being said, the science behind the association between acetaminophen and autism appears strong. Furthermore, the defendants in these lawsuits have substantially deep pockets that could result in hefty settlements and jury payouts.

Juries in these cases would likely see a payout as affected children’s only opportunity to receive compensation for their lifelong ASD, and this insight could prompt generous verdicts.

The amount of compensation a plaintiff receives in a Tylenol and autism lawsuit would depend on the severity of the child’s autism. Severe cases in which a child needs a lifetime of medical care would generate higher case values.

The presence of other risk factors, including complications during pregnancy or delivery, as well as a history of autism in the child’s family could affect settlement and payout outcomes.

What Is the Purpose of Tylenol?

According to the U.S. Food & Drug Administration, the purpose of acetaminophen (the generic name for Tylenol) is to relieve pain and fever. It is an active ingredient in hundreds of medicines—including over-the-counter (OTC) and prescription.

Acetaminophen is used by millions of people. According to research published by the National Library of Medicine in 2023, more than 60 million people in the U.S. use the drug on a weekly basis. The global acetaminophen API market is valued at $1.15 billion.

Researchers acknowledge that acetaminophen’s mode of action “is not clearly understood,” and yet the drug has been marketed as safe for use in pregnancy.

Studies indicate that APAP is used by up to 65% of pregnant women.

On January 9, 2015, the agency issued a drug safety communication in response to reports that raised questions about the safety of OTC and prescription OTC pain medicines during pregnancy.

Although the FDA acknowledged that medicines like opioids, nonsteroidal anti-inflammatory drugs (NSAIDs), and acetaminophen can help alleviate severe and persistent pain during pregnancy—thereby averting the anxiety, depression, and high blood pressure that could accompany untreated pain—the agency urged consumers to “carefully weigh the benefits and risks of using prescription and OTC pain medicines during pregnancy.”

What Is Autism Spectrum Disorder?

Mayo Clinic describes ASD as “a condition related to brain development that impacts how a person perceives and socializes with others, causing problems in social interaction and communication. The disorder also includes limited and repetitive patterns of behavior.”

Because autism manifests as a wide range of severity and symptoms, the word “spectrum” is part of the phraseology that identifies this condition.

Currently, no cure for ASD exists.

Symptoms of Autism

Typically the signs and symptoms of autism present themselves within the first year of a child’s life. Children with ASD could appear to develop at a normal rate up to the first year, then begin to regress between 18 and 24 months of age. At this point, the symptoms of autism develop.

  • Not responding to their name
  • Preference to playing alone, retreating into their own world
  • Lacking in facial expression, little eye contact
  • Delayed or absent speech
  • Inability to initiate conversation
  • Abnormal speaking tone, sometimes a singsong rhythm or one that is robot-like
  • Repetition of words and phrases
  • Apparent inability to grasp simple directions or questions
  • Failure to express emotions
  • Unawareness of others’ feelings
  • Difficulty recognizing nonverbal cues
  • Repetitive movements
  • Self-harming activities, like head-banging
  • Lack of coordination or stiff body language
  • Fascination with object details, like the spinning of a wheel
  • Unusual sensitivity to light, touch, or sound
  • Displays strong food preferences
  • Fixates on activities or objects

Parents who are concerned about their child’s development should share their concerns with their child’s doctor. A physician can conduct tests to identify significant delays.