Expertly Reviewed By: Serah Waweru, Esq., on April 13, 2023
Tylenol, the brand name for acetaminophen, one of the most popular pain relievers in the U.S., is the subject of lawsuits from all over the country. Read on to learn more about the Tylenol autism lawsuit, including the latest news and updates.
Autism Tylenol Lawsuit Update – January 2023
InjuryMAG keeps you updated with the latest news and updates about the Tylenol lawsuit. Please bookmark this page and check back constantly for the latest updates.
Update #3: Judge Allows Short Form Complaints to Be Used in Tylenol Lawsuit
Judge Denise Cote has allowed the use of Short Form Complaints, making it easier for many more plaintiffs to join the suit. A Short Form Complaint, also known as a ‘short form’ is a summarized complaint that references a master complaint. This means that plaintiffs don’t need to create a whole list of complaints to file the suit. As a result, it is expected that many more plaintiffs will join the lawsuit in the coming months.
Update #2: Special Master for Autism Tylenol Lawsuit Appointed
Senior U.S. District Judge Denise Cote issued an order appointing Randi S. Ellis as the special master in the Tylenol Multidistrict Litigation. One of her roles will include setting up and coordinating systems to collect crucial information and data from all plaintiffs in the lawsuit. This information may then be used in court.
Update #1: New Lawsuits Being Transferred to New York
Some Tylenol autism lawsuits are being transferred from the original State of filing to New York. This was evident in a recent lawsuit filed in Florida against Walmart.
The lawsuit, filed by Jenaye Smith, the plaintiff, against the giant retail corporation on December 1, 2022, isn’t the only one expected to be transferred to New York. This transfer may apply to lawsuits filed in federal courts throughout the country to ensure that the case is being heard from a centralized location.
Tylenol Autism Lawsuit Background Information
Class action lawsuits are being filed following recent revelations that using Tylenol or acetaminophen products during pregnancy increases the risk of autism for unborn children.
The lawsuits accuse the defendants of failing to warn consumers about the risks involved in using Tylenol and acetaminophen products during pregnancy.
In June 2022, the number of lawsuits filed against the defendant dramatically increased, prompting the Judicial Panel on Multidistrict Litigation to consolidate all the cases into a new class action lawsuit.
This is because each case had identical allegations and claims against the defendant.
No doubt that Tylenol is a popular pain reliever in American households. Studies have shown that more than 50 million Americans use this painkiller or products containing acetaminophen every week. That’s about 20% of the adult population in America.
Another study revealed that at least 65% of women take acetaminophen during pregnancy for headaches and back pain.
To understand the basis of these lawsuits, let’s discuss why acetaminophen is quite popular – especially among pregnant women — in the first place.
In fact, if you’re reading this, you probably already have Tylenol or acetaminophen products somewhere in your medicine box.
A quick Google search for “safe painkillers during pregnancy” will reveal acetaminophen among the top search results. This painkiller is so popular and well-trusted that even the likes of WebMD wrote about it in this article as one of the safest painkillers for pregnant women.
But in September 2021, a group of doctors released a shocking report suggesting that using acetaminophen during pregnancy increased the risks of interference with fetal development.
The study also suggested that acetaminophen affected a child’s brain, reproductive system, and genitals, especially when consumed in high doses during pregnancy.
Some other potential side effects, per the study, include the following:
It should also be noted that these lawsuits target some of America’s largest retail brands, the likes of Costco, Walmart, CVS Pharmacy, Walgreens, and many more.
One particular lawsuit filed by a Minnesota-based defendant Courtney Springer against Costco on behalf of her child accuses the defendant of:
- General negligence
- Breach of express warranty
- Failure to warn
- Minnesota consumer protection laws violations
- Breaches of implied warranties
- Negligent misrepresentation
Court documents revealed that the plaintiff had purchased acetaminophen from Costco under the brand name ‘Kirkland.’ She used the painkiller throughout her pregnancy from October 2016 to May 2017.
In May 2017, she then gave birth to a daughter diagnosed with autism spectrum disorder at 18 months.
In summary, the complaint alleges that Costco knew or should have known about the links between acetaminophen use during pregnancy and autism. And, despite that, the American retailer continues to sell generic Tylenol through the Kirkland brand.
Tylenol Lawsuit Autism Settlement
So far, no settlement has been reached as far as this case is concerned. However, the average Tylenol autism lawsuit payout could reach up to $5 million.
This is because there is a high possibility that the jury will consider the fact that children are the main victims of the claimed side effects of acetaminophen. As a result, if proven true, likely, kids living with autism deriving from their mother’s acetaminophen consumption during pregnancy will need long-term care for the rest of their lives.
And given that this is their only chance to recover compensation for damages sustained, there is a high possibility that the jury will want to award them a fair compensation that encompasses all these factors.
Tylenol Lawsuit Autism Payout
That said, it is also important to note that the Tylenol autism lawsuit payout could reduce depending on the number of plaintiffs and the unique circumstances of each individual case. For example, if your child suffered severe effects that make your situation particularly unique, you may be eligible for higher compensation than other class members.
Legal experts estimate an average payout of around $150,000 to $250,000. But, again, keep in mind that the number could drop if class members keep rising. And given that Judge Cote has made it easier for plaintiffs to file their complaints, it is likely that the class will witness a significant increase in the coming few months.
The Tylenol lawsuit is one of the key lawsuits to watch in 2023. Another one is the 3M earplugs lawsuit.
What Are the Settlement Amounts?
There are no official Tylenol autism lawsuit settlement amounts as the case is still going through litigation. However, it is estimated that plaintiffs could receive anywhere between $150,000 to $250,000 if they win. Keep in mind that these figures could drop depending on numerous factors, such as the unique circumstances of each individual case and the number of plaintiffs involved in the suit.
How Can I Join the Tylenol While Pregnant Autism Lawsuit?
To join the lawsuit, contact an experienced class action lawyer near you for a case evaluation and legal guidance.
Is the Tylenol Autism Lawsuit Legit?
Yes, it is. Keep it here for the latest news and updates regarding this case.