Keller Postman is leading the litigation against Johnson & Johnson Consumer Inc. (JJCI), the manufacturer of Tylenol, and against retailers that sell their own branded acetaminophen, for failing to adequately warn of the hazards of prenatal exposure to acetaminophen. We represent parents whose children suffer from autism spectrum disorder (ASD) and/or attention deficit hyperactivity disorder (ADHD) as a result of exposure to acetaminophen taken by mothers during pregnancy.
Keller Postman is leading litigation against JJCI , the manufacturer of Tylenol, as well as retailers who sell their own store-branded acetaminophen (such as Target, Walmart, and CVS) for failing to properly warn that prenatal exposure to acetaminophen could lead to ASD and ADHD. Numerous studies have shown that consuming acetaminophen while pregnant increases a child’s risk of developing neurodevelopmental disorders like ASD and ADHD. The defendants knew of the risks and nevertheless continued to manufacture and sell these products to pregnant women without an adequate warning. Keller Postman is fighting to deliver justice to our clients and to all those injured by the defendants.
Acetaminophen has long been marketed as the safest and only appropriate over-the-counter pain relief drug for pregnant women. In fact, more than 65% of women in the United States use acetaminophen during pregnancy and have been reassured of its safety—despite the widespread, long-term scientific evidence showing the high risk of neurodevelopmental disorders caused by prenatal use of acetaminophen.
This “Tylenol” litigation may be one of the largest litigations in the history of the United States. “If you look at the number of people diagnosed with autism, or ADHD, every year, and then compare that to the number of women who say they took acetaminophen during the relevant times in their pregnancy, and the quantities they took it in, hundreds of thousands [is] a fair estimate of the total population of plaintiffs,” said Keller Postman Partner, Ashley Keller.
If you took acetaminophen while pregnant, and your child subsequently developed ASD or ADHD, you may qualify for legal action.
If you believe you qualify, we encourage you to fill out our Free Case Evaluation form. One of our attorneys will contact you to gather more information and begin your claim.
The judge presiding over the consolidated multi-district litigation currently pending in New York appointed Keller Postman Partner, Ashley Keller, to lead this important litigation as Co-Lead Counsel, and Partner, Ashley Barriere, to serve on the Plaintiffs’ Executive Committee and Chair of the Law and Briefing Subcommittee.
With two Keller Postman partners at the forefront of this litigation, our clients can be sure they are in good hands.
We have a world-class team of lawyers ready to fight for you. Contact us today and let us help you get compensation.
Increasing experimental and epidemiological research shows that prenatal exposure to acetaminophen alters fetal development, significantly raising the risk of neurodevelopmental disorders.
Based on the overwhelming scientific evidence, in September 2021 over ninety scientists signed a consensus statement published in Nature Reviews Endocrinology, calling for precautionary action over the use of acetaminophen during pregnancy. Nature Reviews Endocrinology is a leading, highly regarded, peer-reviewed medical journal.
Meet the attorneys leading the acetaminophen (Tylenol) litigation.
We understand the harm you and your family may have experienced and the seriousness of your claims, and we are committed to providing exceptional representation on your behalf.
We are home to an exceptional team of attorneys. Our lawyers have trained at the top law schools in the country; they have worked at the highest levels of government; and they have successfully represented over one million clients.
We have secured meaningful recoveries for more than 500,000 clients in the last three years alone. We act for clients who deserve to win, and we do everything we can to ensure that they do.
We make things easy for you. We’ll gather the evidence you need with the lowest burden on you. And with a large client base, we have efficiencies to reduce costs, and leverage to pursue the best outcomes we can for our clients.
Our team has the skills and resources to go head-to-head with the largest, most well-resourced corporations in the country. Plus, our lawyers have experience on both sides of the courtroom, allowing us the unique ability to anticipate our opponents’ moves.
Acetaminophen (APAP) is a common ingredient found in many over-the-counter (OTC) pain relievers, prescriptions, and also cold medicines. It is commonly known as a pain reliever and fever reducer. In Tylenol, acetaminophen is the only active ingredient. The way acetaminophen relieves pain is by blocking pain signals within the central nervous system.
If you took acetaminophen while pregnant and your child was subsequently diagnosed with autism spectrum disorder (ASD) or attention deficit hyperactivity disorder (ADHD), you may qualify for legal action.
In order to support your claim, we may also request additional information, such as how frequently you took acetaminophen, why did you take acetaminophen, what dosage you took, etc. We may also ask for information related to your child’s subsequent diagnosis of autism or ADHD.
If you believe your child’s autism or ADHD was caused by prenatal exposure to acetaminophen, we encourage you to start by immediately contacting an attorney that specializes in product liability. At Keller Postman, we have the expertise to review your case, determine if you are eligible to file a claim, and answer any question you may have about the process.
Please start by filling out a Free Case Evaluation form and one of our attorneys will contact you as soon as possible.
Keller Postman handles your confidential information with care and limits access to your medical records. Our firm will only reveal your information as we deem necessary for your case or if you specifically authorize Keller Postman to use your information for another purpose. There are a few other limited reasons we might need to disclose medical information, such as if a court orders us to release client records.
Plaintiffs in the MDL have sued two categories of defendants: Johnson & Johnson Consumers Inc. (JJCI), the seller of Tylenol, and retailer defendants who sell their own branded acetaminophen (“Retailer Defendants”). The Retailer Defendants currently include 7-Eleven, Inc., Big Lots, Inc., Costco Wholesale Corporation, CVS Pharmacy Inc., Dolgencorp, LLC, Dollar Tree Stores, Inc., Family Dollar, Inc., Rite Aid Corporation, Safeway, Inc., Target Corporation, Sam’s West Inc., Walgreen Co., Inc., Walmart Inc., and The Kroger Co.
Keller Postman is accepting cases for mothers with children who are under 18 and have been diagnosed or are believed to have ASD and/or ADHD. The mothers must have taken acetaminophen on at least 20 days during their second and third trimesters.
The Acetaminophen — ASD/ADHD multi-district litigation will likely be eventually resolved through a negotiated settlement. Because this litigation began in mid 2022, the compensation that plaintiffs will receive is currently unknown and difficult to forecast. However, as soon as we are able to predict the compensation that victims will receive, we will share an update here.
We unfortunately cannot predict with any certainty how long it will take for cases to resolve, as litigation is unpredictable. There is no way to know just yet. But we will keep this page updated and also ensure that our clients are notified with any key developments.
We will pursue your claim on a contingency fee basis, meaning that there is no upfront payment, fees, or expenses until we win your case and recover money on your behalf.
Nature Reviews Endocrinology Study: A 2021 summary of the evidence that shows acetaminophen increases the risk of some neurodevelopmental, reproductive, and urogenital disorders (including ADHD and ASD). Also outlines that acetaminophen is “estimated to be used by up to 65% of pregnant women.”
Johns Hopkins Study: This 2019 study by researchers at the Johns Hopkins Bloomberg School of Public Health found that prenatal acetaminophen exposure may increase a child’s risk for attention deficit hyperactivity disorder (ADHD) or autism spectrum disorder (ASD).
National Institutes of Health Study: This 2019 study suggests that exposure to acetaminophen in the womb is linked to higher risks of attention deficit hyperactivity disorder and/or autism.
American Journal of Epidemiology Article: This 2018 article outline studies that examined the use of acetaminophen during pregnancy and acetaminophen’s impact on the unborn child. The studies concluded that “acetaminophen exposure during pregnancy is associated with a 20% - 30% increased risk for neurodevelopmental disorders,” including ADHD and autism.
Current Status: The MDL Court has set an initial schedule for Phase 1 discovery, which will focus on general causation and whether acetaminophen can cause ASD and/or ADHD. The MDL Court announced it will issue a decision on general causation in 2023. Keller Postman is playing a critical role in this discovery.
November 16, 2022: Judge Denise Cote of the Southern District of New York appointed Keller Postman Partner Ashley Keller and Associate Ashley Barriere to the plaintiffs’ leadership team in the In Re: Acetaminophen — ASD-ADHD multi-district litigation (MDL). Keller was named Co-Lead Counsel and a member of the Plaintiffs’ Executive Committee along with Barriere, who will lead the Law and Briefing Subcommittee. READ MORE
November 14, 2022: Keller Postman secured a momentous victory for our clients against Walmart on preemption grounds, in the In Re: Acetaminophen – ASD-ADHD multi-district litigation. Three days after the close of briefing, Judge Denise Cote of the Southern District of New York denied Walmart’s motion to dismiss two of our clients’ lawsuits based on preemption. In a deliberate and well-reasoned opinion, Judge Cote ruled that federal law does not preempt our clients’ claims alleging that their children have autism or ADHD because Walmart failed to warn them of the risks of prenatal exposure to acetaminophen.
October 5, 2022: More than 80 lawsuits accusing acetaminophen distributors and manufacturers of failing to warn consumers of the risk of ASD and/or ADHD in children have been consolidated in New York under U.S. District Judge Denise Cote in Manhattan and gathered into a multi-district litigation (MDL).
September 29, 2022: Keller Postman Partner Ashley Barriere successfully argued for consolidation of the acetaminophen cases before the Judicial Panel on Multi-District Litigation (JPML).
June 2022: Keller Postman begins filing new claims against the makers of generic store brand acetaminophen that allege a prenatal link between acetaminophen and autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD). READ MORE
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