Tylenol Lawsuits Over Autism, ADHD Risk From Prenatal Exposure Warrant Centralization: Motion

Acetaminophen exposure during pregnancy increased the risk of children developing ADHD and autism, lawsuits filed over past few weeks allege

A growing number of Tylenol lawsuits are now being filed against CVS, Walgreens and manufacturers of acetaminophen-based drugs, alleging that use of the painkiller during pregnancy caused children to develop autism spectrum disorder (ASD) or attention deficit hyperactivity disorder (ADHD).

In response to the growing litigation, a group of plaintiffs filed a motion (PDF) with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on June 10, calling for complaints brought throughout the federal court system to be centralized before one judge for coordinated discovery and pretrial proceedings.

There are currently at least 19 Tylenol autism and ADHD lawsuit filed in U.S. District Courts nationwide, each raising similar allegations that pharmacies and drug manufacturers failed to warn about the risks associated with prenatal exposure to acetaminophen: the active ingredient in Tylenol.

Each of the complaints raise similar questions of fact and law, indicating that information about the link between Tylenol and autism, ADHD and other neurodevelopmental disorders has been withheld from consumers, who unknowingly exposed their unborn children to long-term risks and challenges that could have been avoided.

Plaintiffs indicate in the motion that each of the 19 filed Tylenol lawsuits have been brought in just a matter of a few weeks, suggesting many more ADHD and autism claims are likely to be filed in the coming weeks and months as lawyer investigate additional claims.

They argue that consolidation will eliminate duplicative discovery and contradictory judges’ orders, as well as serve the convenience of the parties, the court and witnesses.

“Transfer and centralization are appropriate in this case given the substantial commonality of questions of fact and law,” the motion states. “The overlap of the factual allegations and legal theories in these actions is near total.”

Tylenol ADHD, Autism Risks

The lawsuits come in the wake of recent studies which have suggested the use of prenatal exposure to Tylenol increases the autism and ADHD risks.

In October 2019, a study published in the medical journal JAMA Psychiatry found that children with the highest levels of acetaminophen metabolites in their blood at birth had the highest risk of the developmental disorders.

According to additional research published in the European Journal of Epidemiology in June 2021, children exposed to Tylenol during pregnancy were 19% more likely to have autism spectrum disorders and 21% more likely to have ADHD symptoms compared to non-exposed children.

Due to the potential acetaminophen pregnancy risks, researchers from Columbia University warned that doctors should re-evaluate the role of the pain medication for pregnant women in 2020, after finding that prenatal exposure may lead to impaired neurodevelopment in the fetus.

2023 Tylenol Autism and ADHD Lawsuit Update

The U.S. Judicial Panel on Multidistrict Litigation (JPML) heard oral arguments over whether to centralize all acetaminophen autism and ADHD lawsuits on September 29, 2022, and rejected arguments by the drug manufacturers and retailers, who opposed the creation of a federal MDL (multidistrict litigation).

In a transfer order issued on October 5, 2022, the MDL panel decided to centralize and consolidate all current and future Tylenol autism lawsuits and Tylenol ADHD lawsuits before Senior U.S. District Judge Denise Cote in the Southern District of New York, for coordinated discovery and pretrial proceedings.

While the Tylenol lawsuits over ADHD and autism will be managed in a manner similar to a class action lawsuit, each claim will remain an individual action and if Tylenol settlements are not reached following discovery and a series of early bellwether trials, each individual case may later be remanded back to the U.S. District Court where it was originally filed for a separate trial date.

Throughout 2023, it is expected that thousands of families will step forward to file a lawsuit against Tylenol or other acetaminophen manufacturers. To learn more about the latest information on the lawsuits and the criteria for claims that may be eligible for settlement benefits in the future, follow our: Tylenol Lawsuit Updates