Judge Denise Cote held a hearing and subsequently entered an order on February 1, 2023 in the Acetaminophen Autism ADHD MDL (Acetaminophen -ASD-ADHD Products Liability Litigation), in which she is overseeing in the Southern District of New York.
The order was entered to assist in prioritizing documents and other information held by the Defendants in the lawsuits.
This information will be important for the plaintiffs to present evidence on the fundamental scientific question of a link between prenatal exposure to acetaminophen causes autism spectrum disorder (ASD) and attention-deficit hyperactivity disorder (ADHD).
Judge Cote will ultimately make a ruling on whether the plaintiffs have presented enough evidence in order to proceed with the litigation.
The Court ruled that all phase one fact discovery will be completed by June 2, 2023.
The Acetaminophen Autism/ADHD multidistrict litigation (also referred to as the Tylenol Autism ADHD Lawsuit) was created in New York in front of Judge Cote on October 21, 2022.
The litigation involves lawsuits against Johnson & Johnson, the name brand retailer of acetaminophen (Tylenol) and private label manufacturers and retailers of including Wal-Mart, CVS, Wal-greens, Safeway and Costco among others.
The lawsuits follow several studies researching the connection between prenatal exposure to acetaminophen and ASD/ADHD beginning with an August 5, 2013 study published in the International Journal of Epidemiology (see Reference below for more information).
This Norwegian study, was conducted between 1999 and 2008, and followed 48,361 children.
This was the first study conducted which addressed long term cognitive outcomes after exposure to acetaminophen (see References below for more information) since 1974-1975 which was several years before it became the pain reliever of choice for doctors and pregnant women alike.
The results showed that out of 48,631 eligible children, aged 3 years:
The result was that prenatal acetaminophen use for more than 28 days was associated with children having:
Alternatively, there was no association with these issues for prenatal use of ibuprofren.
There have been 106 cases filed in the multi district litigation in the Southern District of New York in front of Judge Cote.
There are many more cases possible in the Tylenol Autism ADHD Lawsuit.
The next six months will be focused on the gathering of documents from the defendants pursuant to the Judge’s most recent order to determine the information that was known by the defendants and when it was known.
Sean T. Keith is an attorney who has been licensed for almost 30 years.
He has been involved in pharmaceutical and medical device injury cases for almost twelve years with clients throughout the United States.
He can be reached through email at Sean@keithlawgroup.com.