Is There a Lawsuit for Taking Tylenol While Pregnant?
Plaintiffs Contend a Failure to Warn About Health Risks of Acetaminophen
Our attorneys at Terry Bryant Accident & Injury Law will pursue lawsuits to win compensation for those harmed by taking Tylenol while pregnant. There are already 20 cases filed regarding acetaminophen autism and ADHD, and many more are expected in the near future. Plaintiffs filed a motion to combine the cases into one class action, also known as multi-district litigation (MDL). This change would make more efficient the pre-trial proceedings. The plaintiffs claim that companies failed to provide proper warnings that the drug could be harmful when taken during pregnancy. Lawsuits for generic acetaminophen make the same allegations that the brand name lawsuits do: There was a failure to warn about the risks of taking acetaminophen during pregnancy.
The court ruled in favor of the plaintiffs, agreeing that consolidating the cases is appropriate. The MDL will be heard in the Southern District of New York’s federal court. This ruling opens the door, so the number of acetaminophen and autism and ADHD lawsuits will likely increase quickly. This may include your case.
Why Hire Terry Bryant Accident & Injury Law for Your Acetaminophen and Autism and ADHD Lawsuit?
Learn the Many Reasons Why You Need Our Attorneys at Your Side
We know that you have many choices of law firms for your lawsuit related to taking acetaminophen during pregnancy. So, why choose Terry Bryant? We have just the right team you need, with exceptional skills necessary to handle a large lawsuit against companies making products that contain acetaminophen. We believe you should hire our team because of the depth of experience that we have and our commitment to our clients. Our attorneys have extensive background in personal injury law and, in particular, in drug injury cases.
When you take on Big Pharma, you want highly experienced lawyers at your side who have fought these battles before.
What Sets Us Apart from Other Law Firms in an Acetaminophen and Autism and ADHD Lawsuit
Don’t take our word for it – we have a track record of winning. Learn how we helped our past clients in drug injury cases.
- Our winning record. We get proven results for our clients, winning millions in drug injury cases. We always seek maximum compensation for our clients.
- Our long history of helping clients in injury cases. We’ve served clients in the Houston area for over 35 years.
- Our exceptional qualifications. Terry Bryant, the firm’s founder, is a former Texas judge. He is also board certified in personal injury trial law by the Texas Board of Legal Specialization.
- What our clients say about how we successfully helped them win their case. See our testimonials.
- We don’t leave clients in the dark. We will explain the process of your lawsuit related to taking acetaminophen during pregnancy and keep you informed at every stage. We will answer any and all questions you have.
- We are steadfast in our dedication. You are not just another client when you work with our team. You’ll be surprised at how much we value your concerns and your needs.
- Our compassion in a difficult time. We know about the stress and strain parents experience when their child has been harmed by a medication. We know clients need our legal expertise, but they also need an understanding friend.
Depend on our Expertise and Experience in Your Tylenol and Autism and ADHD Lawsuit
Terry Bryant opened Terry Bryant Accident & Injury Law in 1985 because he is passionate about helping people who have been victims of a company’s negligence or wrongful acts get the compensation they deserve. Since starting the firm over 35 years ago, he has built a skillful legal team that is as dedicated as he is to helping people who have been harmed by large companies get financial recovery for their loss.
When you work with us, we will fight aggressively for you. We will relieve the burden of pursuing a legal claim, giving you precious time and space to concentrate on your child’s needs.
Additionally, Terry Bryant Accident & Injury Law is accredited by the Better Business Bureau and has received the BBB’s winner of distinction award for excellence several times. You can trust us to deliver respected representation.
Who Can Join an Acetaminophen Autism and ADHD Lawsuit?
There Are Certain Conditions Necessary to Bring a Successful Lawsuit
Many pregnant women have used acetaminophen products during pregnancy, and not all of those mothers will have the necessary elements to bring a legal claim. The factors in your case relate to (1) the severity of your child’s illness, (2) how much medication you took, and (3) in which trimester you took it.
To prove that a drug manufacturer was negligent and that their drug containing acetaminophen caused harm during pregnancy, your child’s illness would have to be diagnosed by a doctor. In the case of diagnosed ADHD, the condition needs to be serious enough that your child is also taking a prescribed medication to treat the symptoms of ADHD. Another element of your case is how often you took the medication containing acetaminophen. To bring a lawsuit, you would have taken the acetaminophen regularly — at least once a week. Finally, the timing of when you took the medication matters. If you took the acetaminophen during your second or third trimester, you may have a legal case.
While most parents interested in pursuing a lawsuit against companies selling products containing acetaminophen have a child with diagnosed ADHD or autism, there are other, related illnesses that your child may have which could have been caused by use of acetaminophen during pregnancy.
Conditions Under Which Mother Took an Acetaminophen Product:
- Taken at least once per week
- Taken during the second or third trimester
- Child is currently 17 or younger.
Diagnosed Condition Your Child Has:
- Asperger’s Syndrome
- Autism (also termed Autism Spectrum Disorder (ASD))
- Childhood Disintegrative Disorder (CDD)
- Kanner’s Syndrome
- Pervasive Developmental Disorder, Not Otherwise Specified (PDD-NOS).
How You Can Help Your Acetaminophen and Autism and ADHD Lawsuit
In addition to having a medical professional diagnose your child’s disorder, having documentation will help. To build a strong case, you could provide
- Medical records that show your child was diagnosed with autism or ADHD
- Therapy records for treatment of your child’s condition
- Any medical notes indicating use of acetaminophen during pregnancy
- If available, receipts showing your purchase of medications containing acetaminophen.
Make the right choice for your child’s future. Talk to our attorneys today to get justice in a lawsuit involving autism and acetaminophen product. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000.
Who Can You Sue in an Acetaminophen and Autism ADHD Lawsuit?
Medications Containing Acetaminophen Taken During Pregnancy that May Lead to Autism and ADHD
Acetaminophen is used in many over the counter (OTC) medications. These include different types of pain medications, as well as a range of cold and flu medications. If you took any of these medications in large amounts during the second or third trimester of your pregnancy, and your child has diagnosed illness, you may be eligible to bring a lawsuit. Below is a list of drug manufacturers and the names of products they sell that contain acetaminophen.
Name of Medication
Alka Seltzer PLUS, CoricidinHBP+, Midol
Advil Dual Action, Excedrin, Panadol, Robitussin Maximum Strength Products, Theraflu Products
Johnson & Johnson
Tylenol, Sudafed PE Sinus Pressure + Pain, Sudafed PE Head Congestion + Flu Severe, Sudafed PE Head, Congestion + Mucus
Proctor and Gamble
DayQuil, FluTherapy, Nyquil, Sinex Severe All In One Sinus Liquicaps, Sinex Severe All In One Sinus + Mucus Liquicaps
Mucinex Maximum Strength Sinus-Max Pressure, Pain & Cough, Mucinex Maximum Strength Fast-Max Cold & Flu (All-in-One), Mucinex Maximum Strength Fast-Max Cold, Flu & Sore Throat, Mucinex Maximum Strength Nightshift Severe Cold & Flu
There are many generic medications on the market that contain acetaminophen. A number of people take generic or store brand acetaminophen instead of buying a well known brand name product. If you took a store brand of acetaminophen during pregnancy and your child developed autism or ADHD, or both, that was diagnosed by a medical provider, you may also be eligible to join a lawsuit. Some of the store brands of acetaminophen that may qualify you to file a lawsuit for autism and ADHD caused by use of acetaminophen during pregnancy are:
Store Brand Acetaminophen and Drug Retailers
- H E B
Did you take a medication containing acetaminophen that is not on these lists? You may still have a legal case.
These lists are not fully inclusive of all products. If you meet the conditions of eligibility for a lawsuit we list in the prior section, you shouldn’t delay in getting help. Call (713) 973-8888 to speak with our attorneys at Terry Bryant Accident & Injury Law today. The sooner we get started on your case, the sooner you can receive compensation for your child’s injuries.
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What Do Scientists Say About Acetaminophen and Autism and ADHD?
Researchers Tie Exposure to Acetaminophen in the Womb to Childhood Disorders
Acetaminophen is such a familiar medicine because it is very widely used to treat pain and fever. It has also been considered safe for use by pregnant women because it has been marketed for this use. However, new research shows that is not the case, which has prompted many lawsuits that allege the manufacturers and distributors of products containing acetaminophen were negligent because they failed to warn of the dangers to pregnant women.
To bring a lawsuit against a large drug manufacturer, you need strong proof that the drug caused harm. In situations where a pregnant woman took acetaminophen and her child developed ADHD or autism, the scientific findings showing that connections are strong. In scientific terms, researchers refer to acetaminophen as APAP, which is an acronym for the substance N-acetyl-p-aminophenol.
JAMA Psychiatry: Acetaminophen Used by Pregnant Women Leads to Increased Risk of ADHD and Autism
Two recent articles provide information from researchers related to exposure to acetaminophen during pregnancy and autism (aka autism spectrum disorder, or ASD) and ADHD, as well as other, related developmental disorders. In a 2020 study, published in JAMA Psychiatry1, medical researchers found that of the children with exposure to acetaminophen in the womb, those who were in the top 1/3 of exposure were 3 times more likely to develop autism than the children who also had exposure but were in the bottom 1/3. They conclude that: “fetal exposure to acetaminophen were associated with significantly increased risk of childhood ADHD and ASD.”
Nature: Acetaminophen Used by Pregnant Women
Another group of 13 scientists joined forces in publishing a 2021 article in the journal, Nature2, that focused on the dangers of acetaminophen exposure. They felt the need to notify the public was so urgent that they published a consensus statement detailing their research findings. A large element of their concern stems from the sheer numbers of pregnant women using medications containing acetaminophen. They find that acetaminophen “is the active ingredient in more than 600 prescription and non-prescription medications used to relieve mild to moderate pain and reduce fever.”
JAMA Pediatrics: Pregnant Women Using Acetaminophen in 2nd and 3rd Trimesters Increases Risks of ADHD and Emotional Problems
Earlier research also draws a clear connection between acetaminophen use by pregnant women and childhood disorders. This study3 gathered data when children were 7 years old. It showed that when mothers used the medication at 18 weeks (the second trimester) the risks of their child’s developing ADHD increased, and use of acetaminophen at 32 weeks (the third trimester) also increased risks of emotional problems in their children.
Scientists Raise the Alarm about Acetaminophen and Autism and ADHD
Medical researchers concerned about the widespread use of acetaminophen by pregnant women call for more public attention on the issue. They estimate that up to 65% of women take acetaminophen during pregnancy. That number is likely higher because women who took acetaminophen in over-the-counter medications didn’t always report that usage – they assumed researchers asked only about prescription medications. Even worse is that the higher or longer the acetaminophen exposure was, the higher is the risk of a child’s developing problems. The scientists do not mince words. They feel these harms are significant.
“We recommend that women be counselled prior to or early in pregnancy with the following guidance:
- Pregnant women should forgo APAP use unless medically indicated.
- Pregnant women should consult with their physician or pharmacist if they are uncertain whether use is indicated and before using on a long-term basis.
- Pregnant women should minimize risk by using the lowest effective APAP dose for the shortest possible time.“
The data they examined for the 2021 article is substantial. They looked at 29 different research studies including over 220,000 mother-child pairs. The studies show that there are many developmental illnesses and problems that stem from taking acetaminophen-containing products during pregnancy. Among those developmental problems are:
- ADHD, primarily
- Autism spectrum disorder
- Language delays
- Decreased IQ
- Decreased executive function of the brain.
Has your child been diagnosed with any of the above developmental problems? Were they exposed to acetaminophen while you were pregnant? If the answers to these two questions are yes, review the eligibility criteria above to determine whether you might have a legal case.
How Much is an Acetaminophen Lawsuit Worth?
When our drug injury attorneys help clients harmed by medications, we are often asked how much they can get in a settlement. Securing maximum compensation for your child’s injuries is our job. If you’re wondering how much an acetaminophen lawsuit is worth, you probably have a child suffering from autism or ADHD because you took a product containing acetaminophen, during pregnancy. You may have already been saddled with medical bills and are worried about how much more you’re going to have to pay. Your child’s illness calls for on-going medical treatment, which means on-going bills.
Every drug injury case we handle is unique, so the outcome in one case doesn’t mean your outcome will be the same. However, there are common types of damages our attorneys pursue.
Rather than getting specific numbers related to an acetaminophen and autism or ADHD lawsuit settlement amount, you might be better served to understand the damages that can be pursued in a legal case.
Types of Damages in an Tylenol and Autism and ADHD Lawsuit
To better understand how much you might expect in a lawsuit related to taking Tylenol or other acetaminophen during pregnancy, at a minimum, you could consider the costs you’ve incurred related to your child’s medical and therapy treatment. Economic damages relate to actual financial losses or costs. Non-economic damages are also reflected in financial amounts and together with economic damages are considered “compensatory damages” (Tex. C.P.R.C. §41.001). These can include:
- Medical bills
- Costs for transportation to medical appointments
- Costs for therapists or other behavioral treatment
- Educational costs
- Loss of future wages related to developmental disorder
- Pain and suffering
- Emotional anguish
- Impact on the child’s and parents’ quality of life.
It may also be appropriate to pursue punitive damages in your case. When a drug manufacturer has a product on the market that they know causes harm, that level of negligence can call for punitive damages, known as “exemplary damages” in Texas. These are meant to punish those responsible for the injury and stop them from the same behavior in the future (Tex. C.P.R.C. §71.009).
We Are the Help You Need for an Acetaminophen and Autism or ADHD Lawsuit
Our attorneys have the expertise, experience, skills and resources to take on large drug companies and retailers. We don’t shy away from a fight like this. We rise to the occasion. We dedicate ourselves to getting you justice and holding large companies accountable for harms they cause.
Just like any parent would, you want the best for your child. Make sure you work with the best available attorneys when you pursue a lawsuit related to your use of products containing acetaminophen during pregnancy. Don’t wait to call. Other cases are pending and you want to be sure to get outstanding attorneys on your side. In addition, the general statute of limitations in Texas for injury lawsuits is 2 years (Tex. C.P.R.C. §16.003 (a)). (*Always speak directly to an attorney for the exact deadlines that apply to your potential claim(s).) Drug injury cases can be complex and take a lot of time to prepare, so the sooner you contact us, the sooner we can begin.
Call our team at Terry Bryant Accident & Injury Law at (713) 973-8888 or toll-free 1 (800) 444-5000. You’ll get a free consultation, and if we take your case, you will pay no fees unless you win.
1 “Association of Cord Plasma Biomarkers of In Utero Acetaminophen Exposure With Risk of Attention-Deficit/Hyperactivity Disorder and Autism Spectrum Disorder in Childhood.” JAMA Psychiatry, Vol. 77, No. 2, February, 2020. Authored by 10 scientists. https://jamanetwork.com/journals/jamapsychiatry/fullarticle/2753512
2 “Consensus Statement: Paracetamol use during pregnancy — a call for precautionary action.” Nature. December, 2021. Vol. 17. Authored by 13 scientists. https://www.nature.com/articles/s41574-021-00553-7
3 “Association of Acetaminophen Use During Pregnancy With Behavioral Problems in Childhood.” JAMA Pediatrics. Vol. 170, No. 10, 2016. https://jamanetwork.com/journals/jamapediatrics/fullarticle/2543281