Recent research has shown that pregnant women who take Tylenol or other acetaminophen-based drugs may be increasing their child’s risk of developing autism and ADHD.
Drug makers and retailers are potentially liable for the damages associated with these injuries. Plaintiffs are currently seeking compensation for financial, emotional, and physical losses in a multidistrict litigation overseen by District Judge Denise Cote in New York’s Southern District.
The product liability lawyers of Osborne & Francis are looking for parents whose children were exposed to acetaminophen in utero and have since developed ADHD. Our team can represent you in the multidistrict litigation in order to maximize your compensation.
You can reach us at (561) 678-0156 or contact our offices in Boca Raton or Orlando to schedule a free case evaluation with one of our personal injury lawyers to learn more about what is involved with filing a Tylenol ADHD lawsuit.
Studies Show the Prenatal and Postnatal Use of Acetaminophen Can Cause an Increased Risk of ADHD
Multiple studies have identified a causal relationship between ADHD and exposure to acetaminophen in utero. Attention-Deficit/Hyperactivity Disorder is characterized by an inability to regulate focus consistently. ADHD may manifest as constant fidgeting, outbursts of energy, and a struggle to prioritize and complete tasks.
A meta-analysis of existing data published in the American Journal of Epidemiology found that there is as much as a 30% risk of developing ADHD after being exposed to acetaminophen in the womb. They note that due to the observational nature of the study, there may be other factors at play.
Additional research supports these findings. Researchers from Johns Hopkins University relied on data collected about the Boston Birth Cohort and specifically analyzed acetaminophen levels in the umbilical cords of 996 children. They found that children who had been exposed to acetaminophen in the womb were at more than twice the risk of developing ADHD as compared to a child who wasn’t exposed.
How Does Tylenol Cause ADHD?
While it would be unethical to conduct an experiment using humans to determine if acetaminophen exposure in the womb causes ADHD, researchers are exploring other methods to determine if there is a risk of using Tylenol during pregnancy and, if so, how serious it is. Currently, the theory is that acetaminophen can influence the mother’s hormones when it crosses the placental barrier.
This disruption is thought to negatively affect the fetus’ brain development by triggering oxidative stress in the brain. Oxidative stress refers to when free radicals outnumber antioxidants, which neutralize the reactive tendencies of the free radicals. Oxidative stress can damage cells, therefore impairing their function. In this situation, researchers believe it could be responsible for ADHD in children who were exposed to acetaminophen while in utero.
Who’s Liable for the Increase in ADHD Diagnoses Because of Acetaminophen Use?
Currently, manufacturers and retailers are under fire for failing to create safe pain-relief drugs and failing to alert consumers to the risks associated with using their defective products. Two of the most notable defendants in the Tylenol autism lawsuits are Johnson & Johnson, the makers of Tylenol, and Walmart, which sells its own generic brand of acetaminophen.
In order to be considered liable for the plaintiff’s damages, the defendant’s actions must be found to constitute negligence. In this case, that means that a judge or jury would have to agree that drug makers had a duty of care to provide consumers with safe products and inform them of the risks of using acetaminophen-based drugs.
Additionally, they would have to agree that by allowing harmful drugs to reach the market and refusing to update warning labels to include an increased risk of ADHD associated with prenatal exposure, they were negligent in that duty.
Once liability is established, plaintiffs then have the responsibility of demonstrating how the defendants’ negligence caused their injuries.
How to File a Defective Drug Lawsuit
As with any personal injury issue, we recommend being evaluated by a medical provider first thing to get a clear picture of the extent of your injuries. Additionally, it protects your claim from being devalued or rejected because you failed to mitigate your damages.
Once you have been seen by a healthcare provider, you should collect any medical records, receipts showing you purchased acetaminophen, and any other relevant information, as it can provide valuable context and evidence in your Tylenol ADHD claim. The next step is to involve a qualified defective drug attorney as soon as possible.
They will notify the defendants that they represent you and take over managing communications between you and other involved parties. In addition to overseeing communications and administrative responsibilities, they will begin the process of filing a defective drug lawsuit by outlining your injuries and the resulting damages.
Can You Receive Compensation for Your ADHD Diagnosis?
If you are able to prove that Compensatory damages can offer relief for plaintiffs’ economic and non-economic losses related to their injuries. Monetary losses can be reimbursed with economic damages, while non-economic damages compensate plaintiffs for their intangible losses, like struggling to perform academically due to ADHD.
In the case of the Tylenol ADHD lawsuits, many plaintiffs are seeking compensation for the impact ADHD has had on their child’s mental health, school performance, social relationships, and overall quality of life. Additionally, they are making a claim for the impact ADHD will continue to have on their life in terms of career opportunities and relationships. Examples of these damages include:
Why Should You Choose Osborne & Francis to Represent Your Defective Drug Lawsuit?
Major drug-makers and retailers will undoubtedly leverage their resources and rely on their legal teams to make their case. That means it is imperative that you hire a reputable product liability lawyer to negotiate your Tylenol ADHD claim, or else you may walk away with an unsatisfactory settlement.
Our team has a track record of securing fair settlements for mass tort claims regarding defective drugs, which has given us valuable insight into how to maximize compensation for our product liability clients. In addition to our experience with bad drug claims, the personal injury lawyers of Osborne & Francis have the resources to secure expert witnesses and conduct an investigation of the defective product.
Our team comes highly recommended. We have a history of maximizing compensation for our injured clients, which we attribute to our work ethic, persistent negotiating style, and our habit of exceeding expectations. If your child has been diagnosed with ADHD after prenatal acetaminophen exposure, there is no time to waste.
You need to contact the trusted product liability attorneys of Osborne & Francis today to learn more about what your claim is worth and how we can help you recover the compensation you deserve.
Contact Osborne & Francis Today to Discuss Your Tylenol ADHD Claim
Our negotiators understand that chronic conditions like ADHD can have life-long, far-reaching impacts on not only the individual but also their families. We will advocate for your best interests until we are satisfied that your losses are being properly compensated.
At Osborne & Francis, our previous experience has prepared us to take your claim to trial. If this becomes a necessity to obtain fair compensation, you don't want to have to worry about switching lawyers to find someone who can succeed in court or being forced to settle for a lesser amount.
If you frequently used acetaminophen-based pain relief drugs like Tylenol during your pregnancy and your child has developed ADHD, you should explore what options are available to you for legal recourse.
The product liability attorneys of Osborne & Francis will gladly assist you by explaining the process for filing a product liability claim and estimating what your claim may be worth. You can reach us at (561) 678-0156 or contact our offices in Boca Raton or Orlando.