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If I took Tylenol during pregnancy and now my child has ADHD, Autism, hyperactivity disorder, or another behavioral disorder, can I sue?  

The short answer is yes. As far back as 2012, researchers published studies that found sustained use of tylenol during the second and third trimester of pregnancy increased the chances that a child would develop ADHD, Autism, or a related behavioral disorder.  A decade of research from all over the world has indicated that this medication crosses the placental barrier during pregnancy.  Nevertheless, companies continued to manufacture, market, and sell this product without a warning label.  As a Mom who used tylenol during pregnancy and a parent of a child with autism, I have a personal stake in the outcome of these lawsuits.  I believe we must hold these companies accountable and force them to put safety labels on their products to protect people and inform them of the risks of taking this medication during pregnancy.

Currently, in the United States, class action lawsuits are being brought forward on behalf of mothers like you or someone you know. Our firm partners with attorneys to help New Jersey clients find drug companies accountable.

If you took any of the following drugs consistently during your second or third trimester of pregnancy, then you may have a case:

Tylenol®Generic AcetaminophenNyQuil®/DayQuil®Alka-Seltzer Plus®Robitussin®Generic ParacetamolExcedrinMucinexGoody’s

Such disorders that are currently being investigated as being linked to acetaminophen are:

Autism/ASDKanner’s SyndromeChildhood Disintegrative DisorderADHD Asperger’s SyndromePervasive Developmental Disorder, Not Otherwise Specified (PDD-NOS)

History of the Risk in ADHD and Autism Linked to Acetaminophen Use During Pregnancy

Over the past forty years, the rates of autism in our country and globally have increased. In America alone, between 1991 and 2001, the rate of children in public schools with autism has gone up 1700%. According to a study published in Autism Research, the number of children globally diagnosed with autism has skyrocketed. 100 in 10,000 children now have autism. That is 1/100. This is up from 2012, when the number was 62 out of 10,000 children with autism. Almost 10% of children in the US have ADHD. Indeed, doctors nowadays are much better at diagnosing both autism and ADHD. However, studies suggest this only accounts for a 1/4th rise in cases. While a host of factors can lead to different outcomes, the question is whether the rise in ADHD and Autism is linked to environmental factors. There are over 16 studies from all over the world published in peer review journals that find a statistically significant link between taking acetaminophen during pregnancy and having a child diagnosed with ADHD or autism.  There are currently no labels on tylenol or any generic form of this drug that warn pregnant women about these possible outcomes. 

If you or someone you know may have been impacted by their use of tylenol or a product with tylenol in it during pregnancy, please feel free to reach out to me with any questions.

By Jennifer Levy

jenni@raffandraff.com

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