Navigating the Tylenol Class Action Lawsuit: Insights from a Florida Mass Tort Attorney

by | Oct 10, 2024 | Tylenol Lawsuits

Navigating the Tylenol

What is Tylenol, and Why did it Attract a Class Action Lawsuit?

Tylenol is a mild analgesic of acetaminophen or paracetamol class that’s also used as an antipyretic but not for battling inflammation. We have seen Tylenol class action lawsuit arise due to its connection to autism but the federal court cases got dismissed in 2023. Instead, parents were encouraged to bring forth a toxic baby food lawsuit that bore the same outcomes among infants.

The United States, particularly Florida, saw Tylenol class action lawsuit create attention all over the country. It’s the harmful effects of the medication that made families seek justice for the damages this medication inflicted. But the dismissal of the case calls for navigating the alternative legal avenues that are available for the affected children and distressed parents.

Tylenol Autism Lawsuit: The Beginning

Pregnant ladies who took Tylenol gave birth to children who were diagnosed with some neuro-developmental/conduct-related disorder or the other. This includes autism spectrum disorder (ASD) and ADHD, which increased the count of the affected by 20% to 30% than usual. Ever since, the makers of acetaminophen/paracetamol medications are facing numerous lawsuits regarding the reliability of the product.

The big pharmas have faced the Tylenol class action lawsuit since they failed making people – including pregnant ladies and doctors – aware about the potential risks the medication carries when the products are used during pregnancy.

The Tylenol class action lawsuit began in September 2022 against both manufacturers and the retailers of the medication. Within a year i.e. Oct. 2022, mass tort advertising by Tylenol lawyers saw a total of $1.85 millions spent. This is the third biggest expenditure for any mass tort to notify every potential claimant about her legal rights. Only the Mesothelioma and Camp Lejeune injury claims exceed the Tylenol-related advertising.

Instead of clogging up multiple federal court systems, the growing number of lawsuits was consolidated. They were placed at the Southern District of New York before Judge Denise Cote, officially named as Acetaminophen – ASD/ADHD MDL No. 3043 Products Liability Litigation. Informally, we call it the Tylenol autism lawsuit. It encompasses every lawsuit filed in the Federal Courts all over the United States, hence it’s called a Multi-District Litigation (MDL) class action lawsuit.

What are the Duties of the Tylenol Class Action Lawyers?

The job of the Mass Tort Attorneys Florida is convincing a jury about Tylenol-affected people residing at Florida. These are the people who were not made aware by either the manufacturers or the retailers about their detrimental effects on unborn children. They ignored scientific evidences about increased risk for development of ASD (autism spectrum disorders) in children whose respective mothers took Tylenol while the baby was still in the womb. The primary responsibility of the mass tort attorneys thus become to raise a claim for compensation after calculating accurately the damages incurred by the suffering parties. The claim for compensation is directed towards manufacturers who use acetaminophen as an ingredient in the products they make as much as the retailers who sell them.

Tylenol Class Action Lawsuit – September 2024 Updates

The federal MDL was dismissed by Judge Cote as of August 20, 2024. But with Tylenol cases still pending in several states, defendant Johnson & Johnson is filing motions to dismiss the case entirely. The counsel representing the plaintiffs filed an appeal against this ruling. If it comes unsuccessful, all the federal cases against the defendant drug manufacturer will be considered resolved.

At the beginning of August, Judge Cote excluded an expert testimony from a plaintiff, making MDL – all the 321 pending lawsuits out of 500 – run at risk again. The reason mentioned was insufficient medical records and scientific evidences to prove that it’s indeed Tylenol that caused ASD in children. Earlier, there was a similar rejection of testimony regarding the effects of Tylenol in pregnancy resulting in autism in babies. The ground for rejection, this time, was also an insufficient proof of evidences.

A Beacon of Hope for Every Mass Tort Attorney Florida

Here we need to mention about Dr. Roberta B. Ness, MD, MPH. She is an internationally recognized expert in medicine and public health. She is also the Dean of The University of Texas School of Public Health. The new evidence she provided supported the plaintiffs’ legal claims, with a high chance of re-launching the MDL.

Earlier, her evidences were overruled due to methodological and analytical errors, though Dr. Ness followed Bradford Hills criteria (a proven analysis method) as a generally accepted protocol. However, the defense argued that Dr. Ness was paid by the plaintiffs for her involvement, despite her testifying her pure intention to help the general public out.

We got to wait and see if Dr. Ness’s testimony makes the Tylenol class action lawsuit case progress and reignite the ‘safety during pregnancy’ debate about Tylenol.