May 24th Update:
The Tylenol Autism lawsuit is ongoing.
Last week, a Texas judge granted a motion to dismiss failure to warn claims against retailers like CVS, Target, and Walmart. This is in accordance with a Texas law (section 82.007 (a)) that says pharmaceutical product distributors cannot be held accountable for failing to warn consumers of risks if the packaging of the product was approved by the FDA. The Tylenol packaging was FDA approved throughout the entire time these retailers were selling the product, so the companies cannot be sued for failing to warn the public in Texas.
This halts all cases in Texas filing failure to warn lawsuits, however other claims related to the Tylenol Autism lawsuit remain active in Texas. In California, a similar motion to dismiss was requested by the retailers based on a very similar law, but a California judge denied this request. This indicates that the success of failure to warn claims comes down to which state the lawsuit is being filed.
If you used Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a Tylenol Lawsuit.
Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for a Tylenol Lawsuit instantly.
May 4th Update:
The Tylenol Autism ADHD Lawsuit is ongoing. Our Tylenol Lawyers are speaking to potential clients about their claims and determining their eligibility.
Recently in the Tylenol MDL (Acetaminophen – ASD/ADHD Products Liability Litigation MDL 3043), Judge Cote issued an order to deny Johnson & Johnson’s motion to dismiss the Tylenol Lawsuit on the basis of preemption. J&J’s motion stated that the plaintiff’s allegations of their failure to warn of the potential for ASD and ADHD are preempted by federal regulations on drug labeling.
Judge Cote’s order stated the fact that J&J’s preemption argument does not stand due to the fact that the federal regulations did not prevent them from adding warning labels to the drug, allowing the Tylenol Lawsuit to move forward.
These are minor hurdles in the Tylenol Litigation and are expected defense tactics from the likes of Johnson & Johnson and other major acetaminophen manufacturers.
Visit this page for more updates on the Tylenol Lawsuit. Our Tylenol Lawyers are prepared to help you.
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