Free Case Evaluation




FREE Case Evaluation

100% Free Consultation


FREE Case Evaluation

Tylenol Autism Litigation

Posted on: December 25, 2023

PN Editor
December 25, 2023

Tylenol Autism Litigation

Tylenol Autism Litigation Nationwide

Important Legal Update

December 19, 2023:

The dismissal of the federal court cases has been announced. However, this does not mark the end of the litigation. Please refer to the subsequent update for further direction regarding your legal options.

New Class Action Lawsuit for Tylenol Autism Claims

As of December 2023, all acetaminophen-related lawsuits filed in federal courts are consolidated in a New York class action lawsuit. This consolidation is a strategical move, aiming for a comprehensive settlement to fairly compensate affected families and children.

Initially, the notion of a correlation between Tylenol usage and conditions such as Attention-deficit/Hyperactivity Disorder (ADHD) or Autism Spectrum Disorder (Autism) was met with skepticism. Tylenol’s prevalence in household medicine cabinets seemed to contradict any potential legal action. Early in the discussion, many attorneys dismissed the potential for a large-scale Tylenol autism lawsuit.

Yet, the current sentiment has shifted significantly. No one is discounting the seriousness of these claims now that there is compelling medical research suggesting a strong link between prenatal acetaminophen exposure and a higher incidence of neurological disorders, including autism and ADHD.

Eligibility and Compensation

If your child has been diagnosed with autism, and Tylenol, generic acetaminophen, or related over-the-counter medication like Nyquil, Dayquil, or Excedrin was used during pregnancy, you may qualify for legal redress and compensation.

Pusch & Nguyen has been closely involved in this litigation since its inception. We provide the latest settlement forecasts for acetaminophen lawsuits, dedicating our efforts to this cause from the very start. Bookmark this page and check back regularly for updates on the Tylenol autism lawsuit.

For parents with children aged 17 or younger affected by these issues, do not delay in seeking legal assistance. Contact Pusch & Nguyen today at 833-787-4946 for a free online consultation or to speak with one of our experienced Tylenol autism lawyers.


Tylenol Lawsuit Updates

It is important to be well-informed about the ongoing class action lawsuit concerning Tylenol. Should you choose to file a Tylenol lawsuit in
federal court within states such as New York, California, Texas, Florida, or elsewhere, your case will be consolidated for the pretrial proceedings
in the Southern District of New York. The following are the most recent developments in this litigation:

Latest Developments

December 19, 2023: 

Impact of Tylenol Ruling on Baby Food Autism Claims

The multidistrict litigation (MDL) on a federal level is currently on hold. Following the Daubert hearing, Judge Cote’s decision was not in our favor—presenting
a substantial obstacle for the cases tied to Tylenol induced autism and other disorders such as ADHD. In her extensive 148-page ruling, it seems she had formed
opinions even prior to the hearings. Essentially, she found that the scientific testimony presented by the plaintiff’s experts did not convincingly tie Tylenol
to autism and other conditions using reliably applied scientific methodologies. This unfortunate development and its fallout will be discussed further in an upcoming
post. Despite this setback, not all avenues are exhausted, particularly in state court litigations where there is still potential for movement in Pennsylvania,
New Jersey, and California. Although we face a significant hurdle, the process will continue, and the diligent fight for justice is far from over.

December 8, 2023: 

Initial Reactions Following the Daubert Hearing

Our initial assessments post-Daubert hearing reflected transparency on the trajectory of the Tylenol MDL situation. For families with children under seven
who have consumed baby food products from recognized manufacturers, and may suspect a connection to autism or similar conditions, there could be a viable claim.
We encourage those interested to reach out for a consultation to evaluate potential next steps.
Please contact us to discuss your particular circumstances.
The ruling is indeed a significant disappointment, but we assure you that alternate paths for pursuing justice remain actively available.


Stock Increase for Kenvue Inc. Post-Daubert Hearing Outcome

Following its recent separation from Johnson & Johnson earlier this year, Kenvue Inc., a leading consumer health company, noted a significant 10% upsurge in its stock value subsequent to a Daubert hearing associated with an ongoing class action lawsuit. Analysts suggest that the stock’s ascent is largely due to a favorable impression of the hearing outcome for the defendants.

December 7, 2023: Insights on the Daubert Hearing

As a firm that has maintained a positive outlook on our prospects in the Daubert hearing, we recognize our role in providing up-to-date information about these legal proceedings. Despite not being present at today’s hearing in New York, we have gathered information from reliable sources suggesting a diminished optimism for the plaintiffs’ success. The proceedings did not meet their expectations, leaving the conjecture on the judge’s final decision somewhat uncertain. With nuances remaining unveiled, the overall anticipation for these cases within the federal court has somewhat waned since this morning.

We are now opening up the comments section, previously restricted, to engage with anyone who may have queries or wish to discuss their thoughts with us or other plaintiffs involved.

December 4, 2023: Upcoming Settlement Conference

A telephonic Settlement Scheduling conference concerning the Tylenol lawsuit is scheduled for Thursday, January 4, 2024. While the implications of this meeting remain speculative, some may view it as indicative of the proceeding’s trajectory. Nonetheless, any assumptions at this point are merely conjectural.

Contact Pusch & Nguyen for Legal Assistance

If you have any further inquiries or require specialized legal assistance, do not hesitate to contact the dedicated team at Pusch & Nguyen. You can reach us at 833-787-4946 for expert guidance and support.


Upcoming Hearings and Current Status of Tylenol Autism Litigation

December 1, 2023: The legal community anticipates the outcome of next Friday’s hearing, which is projected to be a defining moment for this litigation.

November 17, 2023: An additional 58 cases have been consolidated within the Tylenol autism class action Multidistrict Litigation (MDL), resulting in a new total of 441 pending lawsuits. Should Judge Cote overrule the defendants’ Daubert motions, it’s expected that the MDL will see a significant influx of cases.

November 11, 2023: The previous notion that a Daubert hearing could be bypassed has been dispelled; instead, a Daubert hearing without witnesses will be held on December 7, 2023. Interpreting the implications of such a hearing poses challenges, but optimism within the legal circles remains high.

For further insights, please refer to our recent coverage in the video titled “Tylenol Autism Lawsuits – Nov 2023 Update”.

November 8, 2023: There are notable developments in state courts regarding acetaminophen lawsuits, albeit they have not garnered extensive media coverage. A particular case in Madison County, Illinois, is advancing at a measured pace, not unlike the proceedings overseen by Judge Cote.

Contact Information

For a detailed discussion on this matter or to seek legal representation, please contact Pusch & Nguyen at 833-787-4946.

Legal Proceedings Schedule for Tylenol Litigation

December 12, 2023: The Plaintiff is expected to submit a response to the Defendants’ dismissal motions. Concurrently, January 12, 2024: is the deadline for the Defendants to file any reply brief. A hearing for these matters is projected to take place during the early part of 2024, pending a formal scheduling decision.

Should the Plaintiffs face an unfavorable ruling in federal court in regards to the Daubert standards, it is predicted that the central battleground for Tylenol lawsuits would swiftly transition from federal to state court. The collective aspiration is to avert such a scenario.

Recent Developments in Daubert Ruling

November 3, 2023: Judge Cote might potentially grant the Plaintiffs a swift victory concerning the Daubert issue. All briefs pertinent to this matter have been meticulously prepared and submitted. Proceedings, if needed, are tentatively set for the week commencing December 5, 2023. The Plaintiffs remain hopeful that the written briefs will suffice to secure a favorable ruling, thereby negating the necessity for a hearing. Nevertheless, if a hearing ensues, it is expected to be succinct with Judge Cote concentrating on targeted questions.

November 1, 2023: The complete set of Daubert briefs have been duly filed with Judge Cote. Each party has presented their reply memorandums to counter the initial motions aimed at excluding their proposed expert witnesses. The submissions have compounded into several thousand pages, including supporting exhibits. Judge Cote is now due to conduct hearings to deliberate over these motions, which may involve testimonies from certain experts.

MDL Case Update

October 17, 2023: The multidistrict litigation (MDL) concerning Tylenol and autism has seen the inclusion of over 100 new cases, bringing the total to 382. This marks a significant uptick in case volume compared to the first year post-MDL formation, a period characterized by fewer than 20 new cases per month.

Planning for Upcoming Hearings

October 9, 2023: As preparations for the imminent Daubert hearings advance, Judge Cote has requested proposals from both sides on the logistical aspects of conducting the hearings. The defendants have advocated for a comprehensive, week-long hearing to thoroughly contest the scientific evidence. Conversely, the plaintiffs are in favor of a more expeditious process, suggesting that Judge Cote pre-emptively determine the expert testimonies that would be essential for the hearings.


Legal Proceedings and Updates

October 5, 2023: Objection to Supplement Expert Reports

In a recent development, the defendants have formally objected to the Plaintiffs’ intentions to present supplemental expert reports related to two of their experts. This objection is on the grounds that the inclusion of a new study in the supplement, despite it being accessible in a pre-print version, is considered untimely and a contravention of Rule 26. It is questionable whether the defendants’ objection stems from a legitimate concern over procedural adherence or from an overarching strategy of opposition possibly due to the damning nature of the article involved.

October 4, 2023: New Study Highlights Potential Risks of Acetaminophen During Pregnancy

A landmark study conducted last month has shed light on the potential effects of acetaminophen, commonly known as paracetamol or by its brand name Tylenol, on fetal brain development in pregnant women. The scientific inquiry replicated early human brain development stages with specialized cells to uncover how exposure to paracetamol can alter gene function—these genes being instrumental in neural communication and developmental pathways within the brain. The implications of these findings are significant, especially since they correspond to genetic patterns found in blood samples of infants prenatally exposed to the drug. With the upcoming Daubert hearings, this study is poised to be a focal point of discussion and has already prompted plaintiffs’ experts to amend their expert reports accordingly.

October 2, 2023: Revisions to Plaintiff Fact Sheets Completed

The parties have agreed and informed Judge Cote that the revisions to the Plaintiff Fact Sheets are now complete. Updates to health records authorization forms for new plaintiffs have also been made, facilitating a more efficient and streamlined process for the collection of pertinent information for new plaintiffs. These modifications are intended to alleviate the logistical complications that have surfaced during the litigation.


Tylenol Autism MDL Litigation Updates

September 23, 2023: Motion to Exclude Defense Experts

Attorneys representing the plaintiffs have filed a motion to preclude the experts presented by the defense. These measures have been taken in preparation for the upcoming Daubert hearing, aiming to challenge the admissibility of expert testimony on various grounds.

September 22, 2023: Plaintiff’s General Causation Experts

For the plaintiffs in the Tylenol MDL, a robust team of leading researchers serve as the general causation experts. Among these distinguished individuals are:

  • Dr. Andrea Baccarelli, MD, PhD, a preeminent figure in environmental health science, holding the chair of the Environmental Health Sciences Department at Columbia University. With a publication count that exceeds 600 articles, Dr. Baccarelli’s research delves into the connections between human diseases and chemical exposures. His work has earned him election into the National Academy of Medicine and a current presidency at the International Society of Environmental Epidemiology.
  • Dr. Robert Cabrera, Ph.D., an expert in molecular and cellular biology specializes in the chemical causes of birth defects and serves as an Associate Professor at Baylor College of Medicine.
  • Dr. Eric Hollander, MD, a Professor of Psychiatry and Behavioral Sciences at the Albert Einstein College of Medicine, whose primarily federally-funded research investigates the origins of autism. Dr. Hollander’s contributions to scientific literature on autism are profound, editing over 20 medical textbooks dedicated to the subject.
  • Dr. Stan G. Louie, a Professor of Clinical Pharmacy at the University of Southern California, is at the forefront of new drug development for inflammatory and neurodegenerative diseases, as well as cancer.
  • Dr. Brandon Pearson, PhD, a neuroscientist and toxicologist, is an Assistant Professor of Environmental Health Sciences at Columbia University. He specializes in neurotoxicology and epigenetics and is highly involved in laboratory research on the genetic and environmental origins of autism. Though Dr. Pearson has not participated as a litigation expert before, he feels a deep ethical obligation to lend his expertise in this case.

These experts represent an impressive arsenal of knowledge and experience, underscoring the plaintiffs’ commitment to establishing a strong scientific foundation for their case.

September 18, 2023: Significant Increase in MDL Case Numbers

The scope of the Tylenol autism class action MDL has nearly doubled since the summer, climbing from a total of 136 pending suits in June to 265 at present. Yet this figure only scratches the surface of the larger picture, with over 100,000 Tylenol-related claims held in abeyance pending Judge Cote’s decision on the admissibility of these claims for litigation.

September 12, 2023: Court Denies Hearing Request

In the wake of the FDA’s statement on the matter, the defendants swiftly requested a status conference from the court, likely intending to argue for case dismissal based on the FDA’s stance regarding causation. Nonetheless, the court did not entertain this request, potentially setting the stage for continued legal proceedings.

Contact Pusch & Nguyen for Further Information:

Should you need additional details or have any inquiries, please do not hesitate to reach out to us at 833-787-4946.


Defense Strategy and Court Decisions

The defense lawyers representing Tylenol appear to have devised a proactive strategy over the course of the weekend, which can be likened to a “best defense is a good offense” approach. Nevertheless, their argument suggests a logical fallacy by implying that the FDA’s decision not to submit a statement of interest lends credence to their position. By 11:05 a.m., in less than two hours, Judge Cote had dismissed the defense’s request, upholding the Daubert and other deadlines, asserting that they will remain as they were previously set.

September 8, 2023: FDA’s Stance on Involvement

The FDA made its position clear with respect to involvement in the ongoing litigation. Excerpts from the FDA’s statement indicate a definitive stance:
“The United States respectfully declines the Court’s invitation to submit a statement of interest in this matter,” highlighting their most recent review of the epinephrine’s effects. The review points out: “…the limitations and inconsistent findings of current observational studies of [acetaminophen] and neurobehavioral and urogenital outcomes are unable to support a determination of causality.”

The statement concludes with an explicit intention to remain uninvolved in the drug litigation matter:
“Although, as a general matter, FDA does not engage in third-party litigation of this kind, FDA monitors the safety of drug products and has several administrative channels through which new information relevant to the safety or effectiveness of OTC acetaminophen products may be submitted.”

Victory for the Plaintiffs

This development represents a significant triumph for the plaintiffs in the case, reinforcing the strength of their position.


FDA Decision on Tylenol Autism Warning

April 2023: 

At the request of Judge Cote, the Food and Drug Administration (FDA) was solicited for an opinion on the advisability of including the suggested warnings about the risks of autism and ADHD for pregnant women on acetaminophen labels. This request is at the heart of the ongoing Tylenol autism class action lawsuits. The FDA, through the representation of the U.S. Attorney for the Southern District of New York, requested an extension for its response, setting a new deadline.

September 1, 2023: 

The FDA has until September 15, 2023, to deliver its assessment to Judge Cote, which could significantly influence the outcomes as the Daubert motions loom. The strength of the scientific evidence supporting the plaintiffs’ position remains a central point of confidence for their legal strategy.

Tylenol Class Action Litigation Update

August 24, 2023: 

The current phase of the Tylenol litigation is marked by a multitude of expert depositions focusing on general causation – the potential of Tylenol to cause ADHD and autism in children born to mothers who used the product during pregnancy. The optimism among the plaintiffs’ attorneys — from Pusch & Nguyen — is palpable, bolstered by the quality of the depositions and the strength of the scientific evidence. They anticipate favorable rulings in the upcoming Daubert hearings and remain prepared to pursue claims at the state level, if necessary.

Should the Daubert hearings prove successful in the ensuing fall, it will likely disincentivize the defendants, including Johnson & Johnson, from risking trials—facing the prospect of substantial verdicts that have historically reached into the millions.

Advancements in Pre-Trial Proceedings

August 21, 2023: 

Judge Cote approved the submission of consolidated Daubert briefs, streamlining the pre-trial process and potentially accelerating the resolution of scientific disputes central to the case. This development is indicative of an efficient approach towards managing the complexities of litigation, ensuring that the focus remains on the robustness of available evidence.

Contact Pusch & Nguyen for More Information

If you require further details regarding the Tylenol autism and ADHD litigation or need to discuss potential representation, please do not hesitate to contact Pusch & Nguyen at 833-787-4946. Our team of experienced attorneys is readily available to assist you.


An Update on the Tylenol Autism Class Action Litigation

Judge Cote has acquiesced to the defendants’ request for a consolidated brief addressing the Daubert challenges to the plaintiffs’ scientific expert evidence admissibility. The plaintiffs had expressed opposition through a formal letter, advocating for the necessity of separate briefs for each expert to ensure equitable judgment. The pivotal aspect of the Tylenol autism class action rests on these Daubert challenges. A ruling by Judge Cote against the admittance of causation evidence presented by the plaintiffs could culminate in the dismissal of all current cases.

State-Specific Legal Developments

August 14, 2023: 

In a collaborative communication to Judge Cote, both defenders and claimants within the Tylenol autism MDL concurred that negligent misrepresentation claims driven by omissions will not be viable for plaintiffs resident in certain jurisdictions. This consensus affects numerous states where such claims are unrecognizable, encompassing Arkansas, California, Colorado, Idaho, Indiana, Kentucky, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, South Dakota, Tennessee, Texas, and Wyoming. It is anticipated that this development will exert minimal, if any, influence on the litigation’s eventual resolution.

Pending Daubert Motions and Proceedings

August 4, 2023: 

The authority vested in a solitary judge in litigation of this scale is profound. The Multi-District Litigation (MDL) is predominately contingent upon Judge Cote’s forthcoming ruling on the Daubert motions. Although alternative avenues in state courts remain viable should the ruling not be favorable, the significance of this decision cannot be overstated, with the potential to single-handedly shape the future of the litigation.
The deadline set for the parties to submit their Daubert motions is on September 19, 2023. Accompanying these motions, both plaintiff and defendant factions are obligated to draft letters to the judge enumerating: (1) their respective recommendations regarding the sequence for addressing defendants’ motions to preclude the reports of plaintiffs’ experts; and (2) their perspectives on which of the motions concerning the parties’ expert reports should be collectively reviewed due to their congruent thematic content.

FDA’s Involvement in the Case

August 1, 2023: 

In an earlier session in April, Judge Cote invited the federal government to proffer a statement of interest reflecting the FDA’s stance on the plaintiffs’ proposed alterations to Tylenol warning labels. It is now confirmed that the government intends to provide such an opinion, marking a significant step in the judicial proceedings.


Recent Developments in the Tylenol Autism Class Action MDL

July 18, 2023: Within the past month, the Tylenol autism class action MDL in the Southern District of New York has observed a substantial increase in activity with the addition of 64 new cases. This marks the highest rate of new filings since the inception of the MDL, bringing the total count of Tylenol pregnancy lawsuits to 200. Despite this influx, a significant number of potential plaintiffs are still holding back their filings, anticipating the outcomes of pivotal evidentiary rulings set to occur later in the year.

Amidst these events, questions arise concerning the relatively low number of lawsuits within the MDL. July 10, 2023: A lone lawsuit filed by a Connecticut mother last week spotlights the curious observation that despite over six months since the federal courts consolidated the Tylenol autism cases into a class action MDL, there remain less than 150 Tylenol autism-related lawsuits pending. Legal experts speculate that beyond those who have already secured representation, the reticence to file is influenced by prospective plaintiffs’ wait-and-see approach, in anticipation of the MDL’s fate post-Daubert challenges. Should the rulings favor admissibility of scientific evidence, an influx of lawsuit registrations is expected.

Nevertheless, certain cases proceed due to pressing statute of limitations deadlines or plaintiffs’ preferences to initiate legal action without delay. Yet, the majority await the determinations of July 7, 2023: Judge Cote, who remains vigilant against dilatory tactics, as evidenced by recent show cause orders issued to plaintiffs in two separate cases for their failure to complete necessary fact sheets.


Tylenol Litigation Update

July 1, 2023: State Court Acetaminophen Lawsuits

Given the array of defendants involved in the acetaminophen litigation, a number of lawsuits have been initiated in state courts. Notably, a recent case was brought forth in Illinois, where a mother has filed a lawsuit on behalf of her daughter against Walgreen Co., a corporation with headquarters in the state. As both plaintiffs and defendant are Illinois residents, diversity jurisdiction is lacking, precluding the inclusion of this case in the federal multidistrict litigation (MDL).

June 30, 2023: Path Forward

The remainder of 2023 is poised to be a critical period in the Tylenol class action suit. With expert reports already submitted by the plaintiffs, and forthcoming submissions from the defendants, the process will likely include rebuttal experts, followed by expert depositions. It is anticipated that towards the year’s end, a pivotal hearing will be conducted to determine the scientific link between acetaminophen and diagnoses such as autism and ADHD. Judge Cote’s acceptance of this correlation could markedly accelerate proceedings in federal court, while rejection might shift the focus to state courts.

June 5, 2023: Plaintiff Pushes Back on J&J’s Request for Immediate Appeal

Johnson & Johnson has filed for an immediate appeal regarding the court’s recent determinations on preemption and causation. Pushback has ensued from the plaintiffs, who last week submitted a motion opposing this expedited appeal. This development bears significance for families involved in the Tylenol autism litigation, as granting an immediate appeal could potentially impede progress on this litigation for a protracted duration. The plaintiffs’ attorneys assert that an immediate appeal is unwarranted in this scenario and posit that the upcoming Daubert hearing later this year will address causation matters decisively.

May 22, 2023: Legal Challenges in Texas and California

In recent developments, the MDL Judge approved a dismissal motion for a Tylenol autism lawsuit, underscoring the application of a Texas “safe harbor” statute that shields retailers from liability regarding warning labels that align with FDA standards. As a consequence, similarly predicated lawsuits in Texas are susceptible to dismissal. Concurrently, a parallel motion seeking dismissal based on a comparable statute from California was rebuffed by Judge Cote, thereby allowing the California claim to proceed.

May 17, 2023: Target & Walmart Preemption Motion Rejected

Judge Cote recently denied a preemption motion filed by major retailers Target and Walmart, a definitive action within the ongoing litigation.

Contact Us

If you have any inquiries or require additional information regarding these updates, please do not hesitate to get in touch with us at Pusch & Nguyen Law Firm. You can reach us at 833-787-4946. We are dedicated to providing the highest level of legal support and guidance throughout this complex process.


Retail Giants Target and Walmart to Face Litigation Over Acetaminophen Risks

Major retailers Target Corp. and Walmart Inc. are set to face allegations in a lawsuit accusing them of failing to provide adequate warnings about the risk of autism and ADHD in children following prenatal exposure to acetaminophen in their own store-branded products. Conversely, CVS Pharmacy Inc. has successfully eluded a similar legal challenge.

Plaintiffs Makesha Anderson and Crystal Washington are spearheading these allegations within the scope of a broader multidistrict litigation (MDL). They hinge their case on various studies which underpin the combination of acetaminophen autism lawsuits, proposing a link between prenatal acetaminophen use and the development of autism in offspring.

Presiding Judge Denise L. Cote, the adjudicator of all federal acetaminophen-related lawsuits, has dismissed defenses raised by Target and Walmart. These companies posited that adherence to federal regulations should negate any liability as per state law in acetaminophen pregnancy lawsuits. Judge Cote concluded that claims in Anderson’s lawsuit are governed by California law, which a 1993 verdict by the state’s supreme court does not preclude. Conversely, Washington’s claims subject to Texas law were dismissed.

Key Litigation Updates

May 9, 2023: Johnson & Johnson (J&J) has approached the MDL court with a petition for an interim appeal in response to Judge Cote’s refutation of their preemption argument. This appeal, if accepted, would allow an appellate court to review the preemption ruling prior to the lawsuit’s further advancement.

Although such appeals are customary after the issuance of a final decision, there are exceptional circumstances where interlocutory appeals are entertained. The likelihood of the court’s approval for this appeal remains bleak, primarily because it would impede the ongoing litigation, which the judge is seemingly eager to accelerate. The court, nonetheless, has delineated a detailed briefing schedule to ensure thorough deliberation of the issue.

May 1, 2023: Queries about the frequency of the FDA’s consultations on the appropriateness of drug warnings abound. It is, however, an uncommon practice.

There were two pivotal questions Judge Cote placed before the FDA (through the U.S. Attorney for the Southern District of New York):

  1. Do the plaintiffs’ suggested warnings merit inclusion on acetaminophen labels?
  2. According to current scientific understanding, should labels for acetaminophen warn about the potential in utero exposure risks relative to ASD or ADHD?


Legal Insights: Tylenol Litigation Updates

Federal Perspectives on Preemption and Label Warnings

April 21, 2023: 

Judge Cote issued an Order yesterday in the Tylenol and autism lawsuit firmly denying J&J’s motion to dismiss premised on the preemption doctrine. The J&J motion contended that the failure to warn claims articulated by the plaintiffs were superseded by federal laws and FDA regulations orchestrating the labeling of over-the-counter drugs. Judge Cote’s 37-page opinion begins by succinctly summarizing the pertinent legal framework regarding preemption. She then elucidates why J&J’s preemption argument does not hold, given that federal rules did not inhibit J&J from incorporating a warning about the potential dangers of in utero exposure to Tylenol. This echoes Judge Cote’s previous determination in November, where she similarly rebuffed a preemption motion put forth by Walmart.

April 20, 2023: 

In an intriguing turn of events, a federal judge has sought insights from the government in the class action lawsuit surrounding Tylenol. The plaintiffs have suggested a label warning that highlights the potential risks of ASD and ADHD associated with frequent use of acetaminophen during pregnancy. While current label monographs mandate a broad pregnancy caution, they do not mandate a specific admonition about pregnancy-related complications. The judge has called upon the government to render its position on whether the plaintiffs’ proposed warning is warranted on acetaminophen labels. Should the FDA decide to express its viewpoint, it could offer significant clarity on what is acceptable practice, as per 21 C.F.R. § 10.85(j), which states that an advisory opinion, while not legally obligatory, can serve as guidance on acceptable and inappropriate procedures or standards.

April 13, 2023: 

The discourse about the potential inclusion of a warning related to ADHD and Autism Spectrum Disorders on Tylenol labels is unwinding. While the contours of such a warning are not yet solidified, the ramifications of its implementation are substantial, potentially reshaping the dialogue on medication safety during pregnancy.

Important Legal Update on Tylenol Autism/ADHD Warnings

During a recent court proceeding, Judge Cote inquired about the appropriate phrasing for warnings linking Tylenol use during pregnancy to an increased risk of autism and attention deficit hyperactivity disorder (ADHD) in children. Advocates from the legal community argue for a cautionary statement which would detail:

Autism/ADHD: Some studies show that frequent use of this product during pregnancy may increase your child’s risk of autism and attention deficit hyperactivity disorder. If you use this product during pregnancy to treat your pain and/or fever, use the lowest effective dose for the shortest possible time and at the lowest possible frequency.

The rationale is transparent: medical professionals familiar with the relevant research could not, in good conscience, recommend the laissez-faire use of extra strength Tylenol during pregnancy without addressing potential autism and ADHD implications—a stance at odds with manufacturers whose primary concern may tilt towards acetaminophen sales.

Recent Developments in Autism Diagnoses and Legal Proceedings

April 9, 2023: Recent data from the Centers for Disease Control and Prevention (CDC) indicates a surge in the diagnosis of autism spectrum disorder (ASD) amongst children in the United States—with 1 in every 36 children now diagnosed with autism or ASD, underscoring the gravity of the concerns surrounding prenatal acetaminophen exposure.

March 31, 2023: The Multidistrict Litigation (MDL) judge overseeing the acetaminophen-ASD-ADHD lawsuit has decreed an order concerning expert testimony discovery. Despite resistance from the defense, the court has stipulated that plaintiffs are to disclose whether the presentation of an affirmative expert report on maternal-fetal medicine is planned by April 4. A rebuttal report will only be permissible following the submission of an affirmative report by the June 16 deadline.

The procedural milestone arrives following the plaintiff’s disclosure of six general causation areas last month, with the defense counsel adding maternal-fetal medicine to the litany. While plaintiff lawyers maintain that their burden of proof does not necessitate a maternal-fetal medicine expert, they prudently seek to retain the option to summon a rebuttal expert pending the unforeseen declarations of the defense’s witness.

These meticulous legal strategies may not engross the public at large; however, the pace at which this MDL is progressing is highly unusual and merits attention for its potential implications for those affected.

Contact Pusch & Nguyen for Further Information

For additional details or to discuss a potential case, please do not hesitate to get in touch with us. You can reach Pusch & Nguyen at 833-787-4946.

Update on Tylenol Autism Class Action Litigation

March 27, 2023: Plaintiff Fact Sheet Mandated

All participants in the Tylenol autism class action MDL, both newly joined and existing plaintiffs, must now submit a comprehensive Plaintiff Fact Sheet (PFS). This directive follows the recent approval of the PFS by Judge Cote. The document extends over 35 pages, aiming to collect not only basic usage information, such as product names and consumption durations, but also in-depth genetic and medical histories of the plaintiffs and their families, with a heightened attention to genetic predispositions to autism or ADHD that could potentially impact the validity of their claim.

Understanding the Plaintiff Fact Sheet

The Plaintiff Fact Sheet is an integral component of MDL proceedings. It functions as an exhaustive questionnaire to collate personal background, medical history, and specifics pertinent to the individual’s legal claim — akin to interrogatories in traditional litigation.

March 10, 2023: Growth in Litigations

The number of lawsuits within the acetaminophen ADHD/autism class action litigation has risen to 107 as of March 1st, 2023, up from 80 at the inception of the MDL a few months prior.

March 9, 2023: Challenge to Dismissal Motion

A recent filing saw the plaintiffs opposing J&J’s Motion to Dismiss, with the pharmaceutical giant pushing for dismissal based on federal preemption – a stance already rejected by Judge Cote in a prior ruling against a similar motion by Walmart. Despite the precedent set, J&J seeks to further support its position with an upcoming supplemental brief.

February 25, 2023: Rapid Pace of Litigation

The progress of the Tylenol and autism litigation continues at an accelerated rate, highlighting the urgency and seriousness with which these proceedings are being handled.


Important Developments in the Tylenol Autism Class Action Litigation

Recent Advancements in Litigation Process

The logistical concerns at the outset of the Tylenol autism class action are being addressed with alacrity by MDL Judge Denise Conte. A notable event occurred last week when Judge Conte disseminated a comprehensive Order delineating the deposition and fact discovery protocol and timeline pertinent to expert witnesses. This development has greenlighted the commencement of depositions, a procedure that will be crucial in October when Judge Conte is anticipated to make a pivotal ruling on the admissibility of the causation evidence provided by the plaintiffs. The outcome of this ruling will be instrumental in dictating the trajectory of the lawsuit, pending any reversals on appeal.

February 11, 2023:  Plaintiff’s Fact Sheet

The parties involved are slated to submit either a unified or competing version of the plaintiffs’ fact sheets by February 28, 2023. These fact sheets serve as a vital component in MDL class actions, encapsulating each plaintiff’s biographic narrative including their identity, the nature of their injury, the implicated defendants, and the legal doctrines under which they are proceeding. The utility of the fact sheets extends beyond simple record-keeping; they facilitate the identification of recurring elements and patterns across the board of claims, thereby imparting an understanding of the litigation’s breadth – a key factor that influences settlement strategies. Additionally, the fact sheets are influential in determining which “bellwether trials,” the initial cases to be adjudicated, are selected.

February 3, 2023: Expansion of Litigation

The contingent of Tylenol autism legal claims consolidated within the federal courts’ MDL is on the rise. It is important to note, however, that related lawsuits have also been instituted within various state court systems, particularly within California, which do not fall under the MDL umbrella. To foster a more collaborative approach between state and federal litigations, Judge Cote recently put forth an order defining a harmonized process for discovery that grants state court litigations access to the discoveries made within the MDL framework.

January 31, 2022: Imminent Tylenol Class Action Hearing

In preparation for a hearing set for the subsequent day at 3:00 p.m., the parties engaged in the litigation recently tendered conflicting discovery proposals. With an eye towards efficiency, Judge Cote is known for her expedited handling of proceedings.

Judge Outlines Tylenol Autism Class Action MDL Discovery Plan

January 20, 2023: The presiding judge in the Tylenol autism class action Multi-District Litigation (MDL) has recently issued an Order detailing her initial discovery strategy. This comprehensive plan will diligently examine the scientific documentation regarding the potential causal relationship between the gestational use of acetaminophen and the development of autism. The initial phase of discovery will involve obtaining relevant documents from Johnson & Johnson—the originators of acetaminophen—and compiling responses to interrogatories. The central objective throughout this discovery phase is to meticulously uncover and evaluate the scientific data related to the alleged link between Tylenol usage during pregnancy and autism spectrum disorders, thus ensuring an informed basis for the upcoming trials.

Simplified Procedure for New Acetaminophen Lawsuits Affirmed by Judge

January 11, 2023: Judge Denise Cote, overseeing the Tylenol autism MDL proceedings, ratified the implementation of a Short Form Complaint this week. This decision mandates that all subsequent plaintiffs engaging with the MDL will now utilize the Short Form Complaint for filing their lawsuits. By referencing the allegations delineated in the master complaint, these condensed formats streamline the filing process by obviating the need for a detailed exposition of charges. Additionally, Judge Cote has further facilitated the filing procedure by allowing for the direct submission of new cases into the MDL. These collective measures signify a marked enhancement in the efficiency of filing Tylenol autism lawsuits, which is anticipated to result in a significant rise in the number of suits filed in the current year.

Transfer of Tylenol Autism Lawsuit from Florida to New York MDL

January 9, 2023: A recent legal action, identified as Smith v. Walmart (0:22-cv-62092), exemplifies a suit initially instituted in a Federal Court in Florida that has been subsequently incorporated into the New York class action MDL. The aggrieved parties, a mother and her offspring, instigated the lawsuit against Walmart alone, asserting that the child’s autism diagnosis ensued subsequent to the mother’s consumption of Equate—the retailer’s generic counterpart of Tylenol—during her pregnancy. It is important to recognize that independent filings of Tylenol-related cases in Federal Courts, irrespective of their geographic location in the United States—be it California, Pennsylvania, Ohio, or elsewhere—are slated for transfer to the New York MDL to promote a unified and systematic litigation process for these collective claims.

Contact Pusch & Nguyen for Legal Assistance

If you or someone you know has been affected and is considering legal action, please contact Pusch & Nguyen at 833-787-4946 for expert guidance and representation.

Tylenol Autism Mass Tort Litigation Update

January 1, 2023: Appointment of Special Master in Tylenol Lawsuit

Randi Ellis has been designated as Census Special Master in the Tylenol autism Multidistrict Litigation (MDL). In her role, Ms. Ellis is tasked with establishing a system for the organized gathering and processing of crucial information from all plaintiffs, ensuring its accessibility to involved parties and the court. Her experience is extensive, having served as Special Master in multiple MDLs during the previous year.

December 26, 2022: Proposal of Discovery Plans

In the days leading up to Christmas, opposing parties in the litigation presented their individual proposed discovery plans to MDL Judge Denise Cote. The inability to reach a consensus on a unified plan led to Judge Cote issuing an Order. This Order tentatively adopted the defense’s plan and encouraged a collaborative effort for a joint submission prior to the upcoming January status conference.

December 15, 2022: Filing a Master Complaint

The presiding judge of the Tylenol autism class action MDL mandated the submission of a “master complaint” by the close of that week. This document shapes the foundational allegations for all subsequent cases in the MDL. Moreover, it was directed that a Joint Short Form Complaint (SFC) be presented by January 4, 2023, to streamline new cases being filed or transferred into the MDL.

December 13, 2022: Progressive Movement of Tylenol Class Action

The urgency within the Tylenol autism MDL persists, with the assigned judge demanding a master complaint by the week’s end that will delineate the basis for all future claims within the MDL. In addition, a consensus on a Short Form Complaint for new litigants joining the class action must be reached by January 4, 2023.

Case Progress and Judicial Expediency

The presiding judge demonstrates a proactive approach to advancing the litigation process efficiently. There is a clear recognition that attorneys in high-stakes class action lawsuits are highly committed and do not require excessive timeframes to complete tasks. Notably, she has swiftly acted upon several motions, effectively setting the stage for this serious litigation to commence forthwith.

Milestones and Deadlines

For instance, the judge has allowed only a fortnight from the first hearing date for the parties to submit proposed orders on key matters including electronic discovery protocols and the formulation of confidentiality agreements. Expedited proceedings such as these serve to aid the victims of acetaminophen-related autism and ADHD, hastening the progression towards settlement readiness.

Recent Legal Developments

December 1, 2022: Merely two weeks prior, the Tylenol autism Multidistrict Litigation (MDL) Judge rebuffed Walmart’s dismissal motion, which was rooted in federal preemption theories. Undeterred, Walmart has implored Judge Cote to reevaluate this decision based on arguments akin to those previously presented.

Furthermore, Walmart seeks a stay on the claims while they attempt an immediate appeal of the decision—a scenario Judge Cote is unlikely to condone. The court’s initial negation of Walmart’s preemption stance was bolstered by a cogent and well-structured opinion; therefore, it remains improbable that a mere rearticulation of Walmart’s arguments will sway the judge’s determination. The petition for an expedited appeal is also expected to be a futile effort since such motions are routinely denied in mass tort proceedings.

Scope of the Tylenol Class Action

November 20, 2022: While the conversation often revolves around conditions like autism and ADHD, Pusch & Nguyen is also evaluating claims that include diagnoses such as Asperger’s Syndrome and Kanner’s Syndrome, among others.


Legal Developments in Tylenol Autism Lawsuits

Tylenol Lawyer Advertising Escalation

November 19, 2022: Initially met with skepticism by many in the legal community, Tylenol autism lawsuits have since gained significant traction. This shift in attitude is evidenced by the fact that numerous attorneys who previously doubted the viability of such claims are now investing heavily in television advertising campaigns to attract potential clients for Tylenol litigation.

Walmart’s Dismissal Motion Denied by Court

November 15, 2022: The motion to dismiss filed by Walmart has been rejected, as announced in a recent Opinion and Order by Judge Denise Cote leading the Tylenol autism Multidistrict Litigation (MDL). Walmart’s attempt to dismiss the case based on the federal preemption doctrine was addressed promptly, a mere two months after submission, which denotes an unusually swift response in the context of class action MDLs.

Judge Cote elaborated that the existing FDA regulations did not inhibit Walmart from voluntarily implementing an additional warning on its Equate-brand acetaminophen, outlining its use during pregnancy. As a result, she concluded that the principle of federal preemption was not applicable in this scenario. She underscored that FDA guidelines do not absolve manufacturers of their obligation to update and maintain adequate warning labels. The denial of the motion has stirred considerable attention and anticipation for the progression of the lawsuits.

Walmart’s Preemption Argument in Class Action Lawsuit

November 14, 2022: Walmart filed a motion to dismiss the litigation directed at them in the Tylenol autism class action lawsuit, citing federal preemption as their defense. The cases allege that Walmart was negligent in failing to appropriately inform consumers about the potential risks associated with using Equate-brand acetaminophen during pregnancy.

Walmart’s Defense in Tylenol Lawsuit: Federal Preemption

In the recent legal developments concerning the Tylenol class action suit, Walmart has presented a defense based on the assertion that the plaintiffs’ claims are precluded by federal law. Walmart articulates that, due to FDA regulation, any alterations to product warnings were not within the company’s authority to unilaterally initiate. Conversely, those representing the Tylenol plaintiffs argue that the existing federal statutes and directives did, in fact, permit Walmart the discretion to independently append an additional warning to its product labels. Walmart fortified its argument through a supplementary brief filed last week, advocating for federal preemption—a frequently encountered, albeit seldom triumphant, defense strategy in defective drug cases hinging on failure-to-warn allegations.

November 13, 2022: Initial Status Conference in Tylenol Class Action

The forthcoming Tylenol autism class action lawsuit, officially referred to as Tylenol MDL-3403, will advance with Judge Denise Cote presiding over the next monthly status conference scheduled for Thursday, November 17, 2022, in New York. Anticipated to be on the agenda are critical pronouncements and resolutions from Judge Cote, including her choice of legal representatives for the plaintiffs’ leadership committee—a sector charged with collaborative decision-making on behalf of the entirety of the MDL class action. Additionally, the conference will encompass dialogues about the proposed management of the lawsuit. Observations from this initial conference will offer valuable insights into Judge Cote’s judicial stance on the progression of this litigation.

November 7, 2022: Defense Leadership Selections in Tylenol Class Action

Judge Cote has recently provided her endorsement for the structural organization of the defense’s legal representation in the form of the Retailer Liaison Committee (RLC), a body tasked with unified decision-making on behalf of the defendants. The establishment of the RLC will see attorney appointments, which are expected to be disclosed in the following week.

November 4, 2022: $13 Billion Settlement in Separate Litigation

In a turn of events distinctly apart from the Tylenol autism legal proceedings, a consortium of principal retail defendants—namely CVS, Walmart, and Walgreens—have declared an impending settlement aimed at resolving a multitude of opioid lawsuits arrayed against them. The proposed accord stipulates that these companies will collectively remit approximately $13 billion over a forthcoming ten-year period to a host of states and local government entities that instigated the opioid-related legal actions.

Understanding the Legal Implications of Tylenol Settlements

The discussion around settlement payouts in previous litigations involving the same defendants holds significance for the Tylenol autism lawsuits. The past settlements offer insights into the potential outcomes and establish precedent suggestive of why major retailers are facing similar legal challenges in the ongoing acetaminophen proceedings. The compensatory figures for Tylenol autism claims could surpass the substantial $13 billion if outcomes align with current expectations.

Recent Surge in Legal Representation for Tylenol Lawsuits

November 2, 2022: 

The legal landscape surrounding Tylenol lawsuits has experienced a drastic shift. Merely three months prior, the number of attorneys prepared to take on Tylenol cases was minimal. Presently, the airwaves are inundated with advertisements, rivaling those of the Camp Lejeune claims, and targeted digital marketing campaigns are in full swing, especially towards parents with minor children. The influx of lawyers signifies the potential growth of the Tylenol autism class action lawsuit, which might emerge as the largest mass tort on record in the United States.

October 28, 2022: 

Selection procedures for class action lawyers are taking a definitive shape. The presiding judge in the emerging Tylenol autism class action suit, based in the Southern District of New York, has mandated a submission deadline of November 14, 2023, for attorneys aspiring to join the plaintiffs’ leadership committee (PLC). Considering that the PLC is responsible for collective decision-making on behalf of all plaintiffs within a class action MDL, these appointments carry considerable weight. The initial monthly status conference, slated for November 17th, may see these pivotal PLC roles assigned in the Tylenol autism litigation.

Formation of a New Tylenol Class Action Lawsuit

October 5, 2022: 

A newly established class action lawsuit on Tylenol now holds the title In Re: Acetaminophen – ASD/ADHD MDL No. 3043. Supervised by Judge Denise L. Cote in the Southern District of New York, this constitutes Judge Cote’s ninth such MDL class action undertaking. A noteworthy development involves the immediate transfer of over 80 existing acetaminophen lawsuits under the jurisdiction of Judge Cote.

Advancements in MDL Litigation Process

September 30, 2022: 

The legal arguments pertinent to the Multidistrict Litigation (MDL) associated with the Tylenol autism and ADHD claims continue to advance, marking a pivotal juncture for all parties involved.

For additional information or to seek legal counsel regarding the Tylenol autism lawsuits, please Contact Us at 833-787-4946. The law firm of Pusch & Nguyen is ready to provide the requisite legal expertise and support for your case.


JPML Tylenol Autism Lawsuits Consolidation

The Judicial Panel on Multidistrict Litigation (JPML) conducted oral arguments yesterday regarding the proposal to consolidate the increasing litigation involving autism claims against acetaminophen manufacturers. With a substantial number of cases filed across various federal districts, the pending decision by the JPML on forming a new class action is highly anticipated.

Plaintiffs have advocated for the combination of cases into a Multi-District Litigation (MDL) since June, submitting a formal request for consolidation. This move, however, is facing stern resistance from manufacturing and retail giants associated with acetaminophen products. The outcome will rest in the hands of the JPML, with the potential to become an unprecedented mass tort given its scale and implication. Indeed, Judge Matthew Kennelly highlighted the enormity of the situation at the latest hearing, predicting a “really gigantic” legal fight ahead.

Recent Developments in Tylenol Lawsuits

September 27, 2022:  The count of Tylenol lawsuits has reached 87 across seven states, targeting major retailers like CVS, Walmart, and Walgreens for selling store-branded versions of the pain reliever.

September 11, 2022:  The JPML set the date for oral arguments on the motion to centralize the acetaminophen autism allegations into an MDL. Scheduled for September 29, 2022, in St. Louis, the session will deliberate over the contentious positions of plaintiffs and defendants, with the venue for the potential MDL being a significant point of debate. Advocates for the plaintiffs have proposed the Northern District of California, against defendants’ preference for New Jersey.

August 9, 2022:  A Reply in Support was filed by plaintiffs for the acetaminophen autism lawsuits, pushing back on the opposition from defendants against the consolidation. It argues the existing and likely future volume of cases justifies the formation of an MDL and maintains the Northern District of California as the most suitable venue.

August 2, 2022 – MDL Opposition Brief

August 2, 2022: Defendants have submitted briefs objecting to the motion that seeks to consolidate all pending Tylenol autism legal actions into a singular Multi-District Litigation (MDL). Although each defendant submitted unique briefs, they collectively present parallel defences.

Initially, these opposition briefs emphasize the point that the existing Tylenol autism lawsuits are targeted solely towards retail defendants, while paramount parties such as the actual producers of acetaminophen have not been included.

Further, the argument is made that the volume of acetaminophen-related autism cases is fundamentally insufficient to warrant consolidation, coupled with the assertion that the current set of defendants is excessively broad and varied in nature.

Conclusively, the defense uniformly challenges the proposed venues of the litigation put forth by the plaintiffs, advocating that, should consolidation proceed, either the District of New Jersey or the Eastern District of New York would represent more suitable jurisdictions for the Tylenol lawsuit.

Tylenol Autism Lawsuit Update

Litigation against prominent retailers, Johnson and Johnson, and generic acetaminophen manufacturers are escalating regarding their alleged failure to provide adequate warnings about the risk that usage of the medication during pregnancy could result in developmental disorders such as autism.

As the caseload of Tylenol-related autism claims increases, there has been an appeal to centralize these cases into a new MDL in the context of a class action suit.

Understanding Tylenol: Prevalence and Paradox

Tylenol, the brand name for acetaminophen, is a widely recognized and extensively utilized over-the-counter medication for pain relief and fever reduction. This pharmaceutical behemoth enjoys an unparalleled reputation in the healthcare world, with a vast user base consuming millions of doses regularly. In fact, it is estimated that around 50 million American consumers—accounting for nearly 20% of the adult population—reach for acetaminophen-containing products each week, culminating in over 25 billion doses annually.

Despite its popularity, acetaminophen is also marked by a complex dichotomy. On one hand, it’s embraced for its analgesic and antipyretic effects, while, on the other hand, it’s considered one of the most hazardous and least comprehended drugs available. The precise biological processes through which acetaminophen alleviates pain and lowers fever remain an enigma to scientists.

Historically, pregnancy has not exempted individuals from the reach of Tylenol’s market—it has been extensively advertised as the optimum choice for expectant mothers needing pain relief or fever management. Consequently, Tylenol’s use among pregnant women surpasses that of any other over-the-counter drug.

Medical Research: Tylenol, ASD, and ADHD

In recent years, the avalanche of medical research examining prenatal exposure to acetaminophen has mounted concerns about the potential connection to adverse neurodevelopmental conditions, such as autism. Initial reception to these findings was cautious, attributing potential correlations to alternative factors—other high-risk behaviors among users, genetic predispositions for ASD or ADHD, or maternal fever itself.

However, as the number of studies delving into competing theories has grown, now surpassing the 20th mark, a pattern has emerged. Experts have expressed their astonishment at the consistency with which these studies have highlighted an increased risk of children developing neurodevelopmental disorders like Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD), even amidst rigorous controls for alternative explanations.

Consensus Statement: Tylenol Usage During Pregnancy

A major turning point came in 2021, when the esteemed publication, Nature Reviews Endocrinology, released a Consensus Statement from a cohort of medical professionals. This statement served as a clarion call, emphasizing the risks associated with the use of Tylenol during pregnancy and its potential correlation to heightened incidences of autism. This pinnacle of evidence has significantly fueled the momentum for a rising tide of acetaminophen-related lawsuits.

JAMA Psychiatry Study

One of the most significant studies, published in the leading scientific journal JAMA Psychiatry in 2020: found that biomarkers of fetal exposure to acetaminophen in the umbilical cord were associated with a significantly increased risk of childhood autism in a dose-response manner.

The authors of the study noted that sensitivity analyses including various subgroups consistently found associations between acetaminophen use and autism, regardless of potential confounding factors such as maternal indication, substance use, preterm birth, and the child’s age and sex.

Hopkins Study

A study conducted by Johns Hopkins University analyzed cord blood samples to measure acetaminophen levels. The findings revealed that the highest levels of acetaminophen in the cord blood correlated with nearly three times the likelihood of autism spectrum disorders in the children compared to those with the lowest levels. This research substantially contributes to the foundations of the Tylenol lawsuit.

Other Studies

Across multiple investigations, there has been a consistent observation linking the use of Tylenol (acetaminophen) during pregnancy with the onset of various neurological disorders, including autism spectrum disorder. To date, twenty-six separate observational studies have identified a positive relationship between prenatal exposure to acetaminophen and the incidence of autism.

Specifically, the 16 studies that delved into the dose-response relationship discovered that longer durations of acetaminophen exposure were associated with an elevated risk of developing autism.

Moreover, a pivotal study in 2018: which performed a meta-analysis of seven studies, examined more than 130,000 mother-child pairs tracked over periods ranging from 3 to 11 years. The outcomes demonstrated that children who experienced prolonged Tylenol exposure during gestation exhibited a 20% heightened risk of developing autism.


Tylenol Use During Pregnancy Linked to Autism Risk

The correlation between the timing, amount, and duration of Tylenol (acetaminophen) use during pregnancy and the increased risk for autism has been underscored by recent studies. Such research has led to a more cautious approach among healthcare professionals. As a precaution, many doctors are now advising pregnant women to avoid acetaminophen unless it is deemed medically necessary based on the potential for risks associated with its use.

Eligibility for Tylenol Litigation

Legal experts vary in their assessment of what constitutes sufficient grounds for a Tylenol-related lawsuit. At Pusch & Nguyen, our criterion for potential plaintiffs is a minimum of eight doses of Tylenol taken during pregnancy. This threshold is set in accordance with our analysis of the legal landscape, though others in the field may have either more stringent or more lenient requirements.

Tylenol Autism Class Action Lawsuit Certification

June 10, 2022: The filing of a motion to the Judicial Panel on Multidistrict Litigation (JPML) by plaintiff’s legal representatives marked the efforts to consolidate Tylenol autism-related lawsuits into a class action MDL. October 5, 2022: The JPML granted this certification, establishing a new class action within the Southern District of New York. According to submissions, there are roughly 20 acetaminophen autism lawsuits currently active in federal jurisdictions nationwide. The striking uniformity in the allegations of these lawsuits underscores a widespread concern, suggesting an increase in litigation efforts may be imminent.

Case Study: Springer v. Costco Wholesale Corp.

One such case within the MDL is that of Springer v. Costco Wholesale Corp. (0:22-cv-1532), filed on June 8, 2022, in the District of Minnesota. On behalf of her minor child, plaintiff Courtney Springer alleges that her use of generic acetaminophen—purchased from Costco—during pregnancy resulted in her child’s development of autism. The complaint begins with a general discussion on the history and marketing of acetaminophen as a safe option for pregnant women, before delving into the scientific findings that suggest a link between prenatal acetaminophen exposure and adverse neurodevelopmental outcomes.


Tylenol Autism Lawsuit Examination

The formal complaint delineates that the plaintiff, Springer, procured Kirkland brand acetaminophen from Costco and utilized it consistently during her pregnancy span from October 2016 to May 2017. Springer alleges in her suit that she consumed the generic Tylenol multiple times a week under the presumption of its safety for expectant mothers. At the heart of Springer’s claim, similar to other Tylenol lawsuits, is the absence of warnings on the product label regarding the potential risk of autism.

In May 2017, Springer gave birth to her daughter who, at the age of 18 months, received an autism spectrum disorder diagnosis. The lawsuit posits six distinct legal claims against the defendants: failure to warn, general negligence, breach of express warranty, breach of implied warranty, negligent misrepresentation, and infringement of Minnesota consumer protection statutes. Collectively, these claims revolve around the central accusation that Costco was, or should have been, aware of the alleged link between in utero exposure to acetaminophen and the development of autism yet failed to provide adequate warnings.

Tylenol Autism Settlement Projections

As the Tylenol autism litigation is still in its nascent stages, there are no cases that have concluded either in trial verdicts or settlements. The uncertain nature of the scientific evidence necessitates speculation on whether it will suffice in substantiating the allegations in court. Nevertheless, the scientific data suggesting a correlation between acetaminophen and autism is presumed robust, paired with numerous capable defendants for potential settlement and jury payouts.

Anticipated Jury Verdicts

Legal professionals from Pusch & Nguyen estimate that the average jury compensation for a successful Tylenol autism lawsuit could exceed $5 million. Such substantial figures are based on the premise of lifelong impairments sustained by the children affected, and the understanding that jury awards may reflect the singular opportunity for these children to obtain remediation for permanent injuries.

Settlement Estimates

Different from jury verdicts, settlement compensation is typically lower with anticipated averages for a fruitful acetaminophen lawsuit settlement ranging from $200,000 to $500,000. However, a select few cases with particularly poignant facts may command considerably higher settlements.

It is important to note the variables that could influence the Tylenol settlement payouts, such as the strength of the scientific evidence, the severity of the child’s condition, the capacity of defendants to pay, and the strategies employed in navigating these complex legal proceedings.



Tylenol Autism Lawsuit: An Overview of Settlement Value Factors

The settlement value of individual Tylenol autism lawsuits is influenced by multiple factors. Paramount among these is the severity of the child’s autism diagnosis. Cases involving children with severe autism, who are unable to function independently, typically attract a higher settlement value due to the lifelong medical care required. Such cases are analogous to serious birth injuries, like cerebral palsy, in terms of potential compensation.

The dosage and duration of acetaminophen intake during pregnancy also play a critical role in determining the case value. Higher consumption levels of Tylenol will generally bolster the case’s credibility and, proportionally, its potential monetary value. Conversely, cases where Tylenol was used sparingly or for shorter periods may face greater scrutiny regarding the causality between the drug and the child’s autism.

Risk factors present in the mother or child, other than Tylenol consumption, that are known to be associated with autism also affect case valuation. These risk factors include but are not limited to gestational diabetes, hypertension during pregnancy, premature birth, oxygen loss during delivery, or a family history of autism. The absence of such risk factors can significantly increase a lawsuit’s value.

Eligibility for a Tylenol Autism Lawsuit

If you or your child’s other parent frequently used Tylenol or generic acetaminophen during pregnancy, and your child was diagnosed with autism, you might be eligible to file a civil lawsuit to pursue financial compensation. The establishment of a direct causal relationship between prenatal exposure to acetaminophen and autism spectrum disorder is an evolving scientific discourse. If the evidence supporting causation is deemed sufficiently convincing, it could lead to substantial awards to plaintiffs.

Future Developments: In the event that Tylenol autism lawsuits are consolidated into a class action or Multidistrict Litigation (MDL), and provided that the evidence of causation withstands legal scrutiny, we may see the cases resolved in a global settlement agreement.

Concerned Drugs in Autism Cases

The matter involves a list of drugs that are not exclusive to Tylenol but include various forms of acetaminophen.


Comprehensive List of Over-the-Counter Cold and Flu Medications

If you’re in search of relief from cold and flu symptoms, consider the following array of over-the-counter products. These medications are formulated to address a variety of symptoms and provide you with the much-needed comfort during your recovery period.

Medications for Cold and Flu Relief:

  • Alka-Seltzer PLUS
  • CoricidinHBP
  • Dayquil
  • Excedrin
  • FluTherapy
  • Midol


Comprehensive List of Medications



c. Nyquil

d. Panadol

e. Robitussin Maximum Strength


g. Sudafed Head Congestion + Flu Severe

h. Sudafed Head Congestion + Mucus

i. Sudafed PE Sinus Pressure + Pain

j. Theraflu


Important Information Regarding Tylenol Lawsuits

Our firm specializes in handling cases related to drugs containing acetaminophen, which includes both Tylenol and store-brand acetaminophen. Please note, this list is not exhaustive; any medication that contains acetaminophen is relevant to our practice area.

Tylenol Lawsuits We Do Not Take

At Pusch & Nguyen, there are particular types of Tylenol autism cases that we are currently not accepting, predominantly involving certain age groups and legal stipulations.

Adult Tylenol Lawsuits

The most significant category of cases we are not pursuing includes those where the child impacted by autism has reached the age of adulthood. The reality is there are instances that are truly disheartening—when a parent seeks legal recourse for their adult child and we must regrettably inform them that our services are unable to accommodate their case. The refusal to accept such cases is generally predicated on two primary factors.

Statute of Limitations Concerns for Adult Tylenol Lawsuits

Firstly, there is the issue of the statute of limitations. If the pregnancy occurred 20 years prior, and the affected child with autism is now an adult, the window to legally file a claim might have closed according to the laws of the state. Despite plausible arguments suggesting that the Tylenol lawsuit statute of limitations should be extended in such jurisdictions—as victims might have only become aware of the link between their condition and Tylenol consumption due to recent studies or television advertisements—some jurisdictions have statutes of repose that may irreversibly deny many of these claims.


Challenges in Obtaining Historical Medical Records for Tylenol Autism Cases

Pusch & Nguyen Law Firm has determined that pursuing Tylenol autism cases involving adult children is substantially hindered by the difficulty or impossibility of retrieving the necessary historical medical records. From their extensive experience in handling similar litigations, our lawyers have frequently encountered that older medical records may no longer be available.

Plaintiffs are required to present medical documentation from their OB/GYN proving Tylenol usage during pregnancy. The tasks become significantly more challenging when the pregnancy occurred over two decades prior, especially if the medical practice is no longer operational. The American Medical Association has outlined numerous challenges that patients face when trying to access older medical documents.

Ineligibility of Cases for Children Under Three as of March 26, 2020

Pusch & Nguyen is not accepting Tylenol autism cases for children born after March 26, 2020. The passage of the CARES Act in response to the COVID-19 pandemic finalized the FDA’s labeling regulations for Tylenol as of March of that year. Prior to this legislative change, it was permissible for manufacturers and sellers of Tylenol or acetaminophen products to apply their own warning labels.

Following the implementation of the CARES Act, the warning labels for Tylenol and all generic acetaminophen preparations became immutable, thereby preventing any subsequent alterations. As a result, post-March 2020, manufacturers and vendors are not accountable for any omissions in warnings regarding the implications of using these products during pregnancy.

Additional Criteria Precluding Tylenol Autism Litigation

The attorneys at Pusch & Nguyen Law Firm have identified several specific conditions that may preclude the filing of a Tylenol autism lawsuit, including:

  • Complications experienced during pregnancy, such as gestational diabetes, gestational hypertension, or infections and fevers necessitating hospitalization of the mother.
  • The birth of the child prior to the completion of the 26th week of gestation.
Contact Information

For inquiries or assistance, please contact Pusch & Nguyen at 833-787-4946.


Tylenol Autism Lawsuit Evaluation

Parents and guardians overseeing the welfare of children diagnosed with developmental disorders such as Down Syndrome, Fragile X Syndrome, Tourette Syndrome, or Tuberous Sclerosis may face unique challenges. Maternal factors, including the use of illegal drugs, alcohol, or certain prescription drugs during pregnancy, can potentially influence the risk of these conditions. Furthermore, a higher parental age at the moment of birth — notably, a mother over 40 or father over 45 years old — along with a family history of autism, can also be contributing factors.

Legal Support for Affected Families

The esteemed national product liability attorneys at Pusch & Nguyen are dedicated to representing those affected by prenatal exposure to Tylenol or generic acetaminophen, which may be linked to diagnoses of autism or ADHD. We are thoroughly examining potential Tylenol autism lawsuits to support the rights of parents and guardians.

Schedule a Free Consultation