Tylenol Autism Lawsuit
Tylenol During Pregnancy Linked to Autism, ADHD and ADD
Women who take Tylenol (or generic acetaminophen) during pregnancy are more likely to have children with autism, ADHD and ADD, according to new scientific research. One of the studies was conducted by the National Institutes of Health and the Agency for Health Care Research and Quality. Researchers found that, “The highest third of exposure was associated with 2.86 times the risk. Similarly, ASD risk was higher for those in the middle third (2.14 times) and highest third (3.62 times).” Many other studies have come to a similar conclusion.
Tylenol has long been one of the few pain medications that were deemed safe for pregnant women to take. But that designation appears to have been in error. Tens of millions of pregnant women are believed to have been exposed. There are estimates that over 100,000 people will be eligible to take part in the resulting lawsuits. Some legal experts believe that the Tylenol lawsuits will lead to one of the highest settlements in U.S. mass tort class action history. If you’ve taken Tylenol or generic acetaminophen during your pregnancy, you may have legal recourse through a civil claim. Our team of personal injury attorneys at Gersowitz Libo & Korek, P.C. are here to help in any way that we can. We can evaluate your case free of cost and let you know what your legal rights are. You can reach us anytime at 800-529-9997.
What Is Acetaminophen and Why Does It Cause Autism?
Acetaminophen is one of the most popular pain relievers in the world and is often sold under the brand name Tylenol. The drug was first introduced by McNeil Laboratories, Inc. which is now part of the Johnson & Johnson pharmaceutical conglomerate. The pain reliever has become ubiquitous in medicine cabinets across the United States and the world. There were over 27 billion doses of the drug sold in 2009 alone. It can be bought over the counter and through a prescription of Vicodin. Researchers still aren’t entirely sure how acetaminophen relieves pain and reduces fevers. But some have speculated that the drug intercepts the neurotransmission of pain receptors between the brain and spinal cord.
The link between acetaminophen and autism, ADHD and ADD is till relatively unknown at this time. What researchers have found is that there is a strong correlation between the drug taken during pregnancy and those conditions. According to one study in the journal JAMA Psychiatry, umbilical cord “biomarkers of fetal exposure to acetaminophen were associated with significantly increased risk of childhood [autism] in a dose-response fashion.” This has led many doctors to reconsider the position that acetaminophen is safe to take during pregnancy.
Demonstrating Liability For Dangerous Medications
Pharmaceutical companies have a legal obligation to create drugs that are reasonably safe. These companies will typically need to perform clinical trials and study the effects of their drugs. Ideally, many different samples of the population should be studied. This includes expecting mothers. Drug companies must also warn about any side effects or risks that come from using the drug. Product liability claims against drug companies will typically need to demonstrate that the drug in question was defective or unreasonably dangerous. To that end, plaintiffs will need to show the following:
- Design Defect: The product was unreasonably dangerous and created a substantial risk of injury; It was feasible for the product to have been designed in a safe manner; and The defect was the proximate cause of the plaintiff’s injury.
- Failure to Warn: The defendant failed to warn the plaintiff of the dangers associated with their product.
- Manufacturing Defects: A product caused injury by not performing as intended. However, other products of identical design do not fail.
Being pregnant is rarely an easy experience for women. They can have morning sickness, headaches and many other ailments for which acetaminophen can help relieve their pain. It is very common for pregnant women to regularly take acetaminophen. But as it turns out this can be unsafe for the neurological development of prenatal infants. There have been several studies going back many years identifying a correlation between acetaminophen and autism, ADHD and ADD. However, McNeil Laboratories and other companies that manufacture acetaminophen have not properly warned about the dangers associated with the use of their products.
Why You Should Consider Hiring An Attorney If Your Child Developed Autism After Prenatal Acetaminophen Exposure
Raising a child with autism, ADHD or ADD can be very challenging, especially for new parents. It is also true that becoming an adult with autism, ADHD or ADD has its own unique set of challenges. For example, people with autism often struggle with a lack of communication skills, inflexibility, social anxiety and sensory challenges. There are a number of benefits to hiring an attorney if you suspect that acetaminophen may have harmed your prenatal infant. For starters, it is nearly impossible for individuals to take on drug companies on their own. An attorney can help in a number of key areas.
- An attorney can initiate discovery to help document your case.
- It does not cost anything up front to hire an attorney.
- An attorney can help you realize the value of your claim through skilled legal representation.
- An attorney can help identify all potentially liable parties.
Sadly, though, pharmaceutical companies will often fight hard to deny liability for any person that is injured by their drugs. If they are sued they will do everything in their power to prevent damaging evidence from coming forward. These companies make money by selling as much of their products as possible. They do not have any strong incentive to help people who are injured by their products. By contrast, personal injury attorneys have an incentive to help you get the largest settlement possible for your injuries.
Getting Help If Your Child Is Diagnosed With Autism, ADHD or ADD
Acetaminophen is one of the most commonly used over-the-counter drugs in the United States. For many decades women were falsely told that this drug was safe to take during pregnancy. But new evidence and studies have called that claim into question. As it turns out, women who regularly used acetaminophen during their pregnancy were nearly three times more likely to have kids with autism. It is important to remember that consumers do have rights. They are able to be compensated for their injuries through civil actions.
Has your child been diagnosed with autism, ADHD or ADD after you took acetaminophen while pregnant? Our team of highly experienced attorneys at Gersowitz Libo & Korek, P.C. are here to help in any way that we can. In fact, we have recovered nearly $1 billion for our deserving clients. We care deeply that people who have been harmed by dangerous medications are aware of their rights and that those rights are being protected. We can investigate the unique facts of your case free of cost and let you know if you have a valid claim that can be pursued. Whether you just have legal questions or are thinking about hiring an attorney, we are here for you. You can reach out to us anytime at 800-529-9997.