Judge Denies Motion to Dismiss in Tylenol Autism Lawsuits

Tylenol is a pharmaceutical drug that is commonly found in homes. Unfortunately, research shows a link between Tylenol and autism, and other neurological conditions like ADHD. Acetaminophen litigation has grown, with lawsuits filed around the country. A new Tylenol autism multidistrict litigation has been certified in federal court and will be home to the hundreds of Tylenol autism lawsuits against retailers and manufacturers of Tylenol and acetaminophen equivalents going forward. If your child developed autism and you suspect it is the result of you using Tylenol while pregnant with him or her, you should the seasoned Chicago product liability attorneys of Moll Law Group. Billions have been recovered in lawsuits with which we’ve been involved, and we represent plaintiffs around the country.

Contact Moll Law About Your Tylenol Autism Lawsuit

Medical research shows that exposure to Tylenol in-utero may be associated with higher rates of neurological issues such as autism and ADHD. The goal of the Tylenol autism multidistrict litigation (MDL) is to obtain a global settlement featuring reasonable amounts distributed to affected children and their families. Due to the cases being brought together in an MDL, any case, regardless of whether it has been filed in federal court in another state, will be transferred to pretrial discovery in the Southern District of New York.

One purpose of hearing these cases together in an MDL is to resolve common factual and legal questions related to this type of harm and avoid the inconsistent results that could arise from the cases being heard entirely separately by different judges and courts around the country. Johnson & Johnson, the manufacturer of Tylenol, recently brought a motion to dismiss the Tylenol autism claims based on the preemption doctrine. Their brief argued that any claims brought by the plaintiffs are preempted by the federal laws and FDA regulations that cover the drugs.

In April 2023, the MDL judge ordered dismissal of Johnson & Johnson’s motion to dismiss. In her comprehensive judicial opinion, the judge reasoned that nothing in the federal rules had prevented the company from adding a warning to Tylenol about the dangers to a baby from exposure to the drug while in utero.

The judge has also asked for the government’s opinion in the lawsuit, and whether a proposed warning should be added to the labels for the medication. Labels already need to include a general pregnancy warning but do not include any more specific or detailed warning about autism or ADHD risks when Tylenol is frequently used during pregnancy.

Plaintiffs in these cases hope for a more detailed statement of risk on the label and a note that when the drug is used during pregnancy, the lowest effective dose for the briefest period and frequency are advised. 21 C.F.R. § 10.85(j) provides that an advisory opinion cannot be used as a legal requirement but can be used in administrative or judicial proceedings to exemplify what procedures and standards are acceptable or unacceptable.

Establishing Liability

Evidence is still emerging about the degree of connection between Tylenol taken by a pregnant mother and the baby’s development in the womb, and more may be uncovered through the MDL discovery process. In one research study, researchers looked at baby’s cord blood samples, and measure their acetaminophen levels. The highest amount in cord blood was almost three times as likely to be on the autism spectrum as those children who had the lowest levels.

In order to recover damages on you and your baby’s behalf, our lawyers will need to prove the manufacturer should be held liable for your baby’s development of autism. Generally product liability or dangerous drug cases can be pursued when the product at issue is defective in terms of its manufacturing, marketing, or design.

Call Our Seasoned Tylenol Lawsuit Attorneys

If you and your child were harmed by Tylenol, you should call the seasoned Chicago product liability lawyers of Moll Law Group to see whether you have a claim. We represent people all across the state who were injured by defective products. Please complete our online form or call us at 312.462.1700.