If you or someone you love was diagnosed with autism after taking Tylenol, you might be eligible to file a lawsuit. Here’s what every potential plaintiff should know before they file a lawsuit against Johnson & Johnson and McNeil Consumer Healthcare.
What Is the Tylenol Autism Lawsuit?
The Tylenol autism lawsuit is a class action lawsuit that alleges Johnson & Johnson’s popular over-the-counter pain reliever, Tylenol, caused autism in children. If you or someone you know has been affected by this, it’s important to find out if you can file a claim and get compensation for your losses.
It all started when reports surfaced about an association between acetaminophen (the active ingredient in Tylenol) and autism spectrum disorders. Several studies concluded that the consumption of Tylenol by pregnant mothers could put the prenatal child at an increased risk of developing autism and Attention Deficit/Hyperactivity Disorder (ADHD).
A recent meta-analysis review of 30 studies published on the NCBI website shows that 16 studies confirmed the role of acetaminophen in leading to neurodevelopmental problems.
People started filing claims against Tylenol and other acetaminophen manufacturers after the reports. They claim that the manufacturers failed to make consumers aware of the potential health problems. Multidistrict litigation (MDL) was formed as the number of claims increased.
MDL 3043 now consolidates all the claims related to autism and ADHD development after acetaminophen exposure. If you think you have faced problems due to this and deserve a settlement amount, you can file a claim with the help of your lawyer. The Tylenol autism lawsuit can cover damages for medical expenses, lost wages, etc., and can significantly help you financially. Here’s how to file a Tylenol autism lawsuit.
Filing a Tylenol Autism Lawsuit
If you plan to file a Tylenol autism lawsuit, you need to know a few things before proceeding. Here’s how you can file the lawsuit.
File a Claim Within the Time Frame Allowed
If you have a claim, it’s important to file within the time frame allowed by your state law. If you miss the time frame, you can still file a claim if there was reasonable cause for failure to meet the deadline. However, this usually requires an explanation and some proof that supports it.
For example, suppose a person could not initially understand what they needed to do because of their disability. In that case, that person might be able to file after missing the deadline as long as they provide evidence of their disability.
The time limits on filing claims vary from state to state. For instance, some states allow two or three years while others give four or more. California only has one year of statute of limitation (SOL) for medical malpractice cases. Alabama and Alaska have 2 years, Massachusetts and Nevada have 3 years, Minnesota has 4 years, and Maryland has 5 years SOL.
So if you live in one of those states where there isn’t much flexibility regarding when claims must be filed, ensure that any delay was due solely to factors outside of your control before trying anything too risky.
However, the good thing about the Tylenol autism lawsuit is that it does not have a specific statute of limitations. Since the evidence for the connection between Tylenol and increased risk of autism was discovered after many years of consumption, you can file a case as and when you find out that your child or a loved one’s child has developed autism or ADHD due to it.
Gather Evidence for the Claim
To file a Tylenol Autism Lawsuit, you’ll first need to gather evidence for your claim. According to the online law directory Nolo, you can use witnesses, documents related to the suit, and witnesses’ personal, professional, and educational backgrounds as evidence.
Your attorney will tell you what kind of evidence is most important for your case, but here’s a list of common types you will require for the Tylenol autism lawsuit:
- Photos from when the child was young
- Medical records that document diagnosis and treatment over time
- Lab results showing toxic levels in blood or urine
- Testimony from family members who saw symptoms develop around the time of ingestion
Hire an Experienced Lawyer
Hiring a lawyer is one of the most important decisions you’ll make in your case. It’s essential to find a lawyer with experience with these types of cases, and it’s even more critical to hire someone who will fight aggressively for you and your family.
When choosing a lawyer, look for someone with experience fighting against big pharmaceutical companies and their insurers. Their experience may be based on other cases they’ve won or losses they’ve avoided helping them succeed in the future. You can ask past clients if they would recommend this particular lawyer again. If the answer is yes, hiring them would benefit both parties involved.
You should also ask any lawyers that you are considering whether or not they have ever worked with cases similar to yours before so that there aren’t any unanswered questions during our initial consultation session together.
Follow the Claim Steps
All Tylenol Autism Settlement claims must be submitted in writing. The submission is done through a website portal and must include the following information:
- Your name, address, phone number, email address, and Social Security number
- The name of your child and their dates of birth
- A declaration that you were the parent or legal guardian of the subject child at the time on February 28, 2012, as well as during any period when they received treatment with Tylenol
What Damages Can You Claim With the Tylenol Autism Lawsuit?
There are many ways you can be compensated for the damage done by Tylenol. You may be able to claim medical expenses related to your child’s autism and lost income if a parent has been unable to work because of their child’s condition.
Besides, you can also get compensation for indirect losses. This can include damages for pain and suffering or loss of consortium. Before filing a claim, you should consult an attorney knowledgeable about these lawsuits. This will help you determine whether or not they will help you pursue compensation from Tylenol’s parent company, Johnson & Johnson.
Conclusion
In conclusion, you should be able to file a claim in the Tylenol autism lawsuit if your child has been diagnosed with autism and you believe it was caused by taking Tylenol. You need to do this within the time frame allowed for filing claims. If you have relevant evidence and an experienced lawyer, you could be entitled to damages from this class action suit.