In the medical journal, Nature Reviews Endocrinology, a group of 91 leading medical experts issued a Consensus Statement in September of 2021.
The statement warned of the potential link between acetaminophen (also called paracetamol) and autism. It summarized the growing body of research indicating that extensive use of acetaminophen during pregnancy could increase the likelihood of an autism spectrum diagnosis in a baby.
In response to the mounting evidence, some parents and families began taking action and filing claims against manufacturers and retailers. This included Walmart, but not Johnson & Johnson (manufacturer of the brand name Tylenol) at the time. Plaintiffs claimed, among other things, that the defendants failed to warn them of the dangers of their products.
While the exact amount of compensation can vary from case to case, there are several types of damages that may be available for those affected.
Understanding these potential damages can help individuals assess the value of their claim and guide them in seeking justice and financial compensation.
Medical Expenses: Individuals who have been diagnosed with autism because of a Tylenol may be entitled to compensation for their medical expenses. This can include costs associated with hospital stays, surgeries, doctor visits, medications, rehabilitation, and any necessary ongoing treatment.
Lost Wages: If individuals have had to take time off work due your child being diagnosed with autism from baby food products, they may be eligible to recover lost wages. This can include not only their base pay but also any bonuses, promotions, or raises they missed out on while being unable to work.
Lost Earning Potential: In cases where the long-term effects like autism have left individuals with a disabling condition that prevents them from returning to work or impacts their ability to earn a livelihood, they may be entitled to compensation for their lost earning potential. This seeks to secure future income that may have been compromised due to the medication’s adverse effects.
Pain and Suffering: Tylenol autism lawsuit plaintiffs may also seek compensation for the emotional and mental distress caused by the painful side effects they have endured. These non-economic damages aim to address the intangible and long-lasting impact on the individual’s quality of life.
Punitive Damages: In some cases, individuals may be eligible to claim punitive damages. These damages go beyond compensating for actual losses and is intended to punish the defendant for their misconduct and deter similar behavior in the future.
It’s important to note that the specific compensation available in this lawsuit can vary depending on the severity of the injuries, the impact on the individual’s life, and other factors. The value of these damages will be determined by the court based on the evidence and arguments presented during the legal proceedings.
You can find out if you qualify by answering the questions in the form, which takes 30 seconds.
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Because so many people use Tylenol, many cases are being filed. Subsequently, a class action was certified in 2022. And a number of Tylenol lawsuits were moved into a Multidistrict Litigation (MDL).
While Walmart sought to have the case against it dismissed, arguing that FDA rules prevented additional warning labels, the court was not responsive to these efforts. Legal proceedings continued in the MDL, including the approval of a short form complaint plaintiffs could use to more easily join the case as well as the creation of a discovery plan to focus on the collection of documents showing scientific evidence about prenatal exposure risks.
By August of 2023, hundreds of claims were pending in federal courts and additional defendants had been named including Johnson & Johnson, Family Dollar, 7-Eleven and Dollar Tree. Many cases were also pending in state courts, proceeding separately from the federal multidistrict litigation.
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