Can You Bring a Tylenol Autism Claim?
If your child was diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other neurodevelopmental disorders after being exposed to Tylenol (acetaminophen) during pregnancy, you may be eligible to bring a Tylenol autism lawsuit.
Hundreds of parents have already joined the nation-wide multi-district litigation (MDL) established for these cases. However, thousands of potential claimants are waiting on the sidelines to see how these cases proceed.
One of the main questions all interested families are asking is: What can we expect for Tylenol autism lawsuit settlement amounts? At Lawsuit Legal News, we know that bringing a personal injury lawsuit, or joining a pending class action or MDL takes time, effort, and an emotional toll. You probably want to know whether it is worth taking legal action before you commit.
Of course, every case is different, but the legal professionals at Lawsuit Legal News understand the long-reaching impacts ASD or ADHD can have on a family. We firmly believe it is worth your time and effort to work with us to protect your loved ones by seeking the financial compensation you deserve.
So, What is Your Tylenol Autism Claim Worth?
While it is too early in the pending litigation to determine the exact value of a typical Tylenol acetaminophen autism lawsuit settlement, we can make solid estimates based on other mass tort projects that our legal team has handled in the past. Our mass tort lawyers know how to analyze a claim, gather evidence to support it, and prepare solid legal arguments to help reach fair and reasonable settlements or jury verdicts.
Before we explain our settlement estimates, bear in mind that the court is still in the process of determining the strength of the scientific evidence in the MDL. We are currently waiting to know whether the science surrounding acetaminophen’s impact on fetal development and developmental disorders is strong enough to allow these cases to reach a jury trial.
We should know more in the next few months when Judge Cote rules on the admissibility of the proposed scientific evidence. For a more thorough explanation of the MDL, be sure to check our Tylenol Lawsuit Update page often.
What is Required to Prove a Dangerous Drug Claim?
To better understand possible acetaminophen ADHD claim settlement amounts, let’s look at what you will have to prove under the law. In general, personal injury lawyers file lawsuits on behalf of injured plaintiffs in civil court, as opposed to criminal cases that are brought by the government in criminal court.
In a civil case, the burden of proof is not “beyond a reasonable doubt.” Rather, an injured plaintiff in this situation must show that the use of generic acetaminophen or Tylenol during pregnancy led to the child’s autism diagnosis “by a preponderance of the evidence.” In other words, the use of Tylenol during pregnancy was “more likely than not” the cause of the subsequent diagnosis of autism or ADHD.
To succeed in dangerous drug claims like these, a sophisticated legal team must present scientific research and evidence to establish that the use of acetaminophen during pregnancy led to an increased risk of a child being diagnosed with a neurodevelopmental condition.
What Factors Will Affect Your Tylenol Autism Lawsuit Payout?
The legal professionals at Lawsuit Legal News have worked up early settlement projections related to the Tylenol class action lawsuit. We based our projections on the known costs related to the support and treatment required for a child with different levels of autism over the span of their expected lifetime.
We considered several main factors, including the child’s level of autism spectrum disorder or ADHD and the amount of acetaminophen the child was exposed to during pregnancy. Medical practitioners place autism into three different severity levels — ASD level 1 is the least severe, and ASD level 3 is the most severe form of autism spectrum disorder.
The LLN team believes potential settlements will also be categorized based on the severity of the autism spectrum disorder diagnosis. So, children with a level 1 autism diagnosis will most likely receive the lowest settlement amounts, and level 3 autism cases will be offered the most significant settlements.
Again, we are basing these Tylenol autism lawsuit settlement amount projections on our belief that the scientific evidence is strong enough to survive scientific causation hearings (known as Daubert hearings) and the court will allow these cases to move forward to settlement or trial.
At this stage of the MDL proceedings, we are also projecting an average jury verdict could be more than $2 million in cases where the affected child has a level 3 autism diagnosis and is experiencing the most severe forms of significant autism spectrum symptoms.
To learn more, reach out to a dedicated Tylenol autism lawsuit attorney by contacting our team at 866-467-0943 or complete this online contact form today.
Rough Projections For Tylenol Autism ADHD Lawsuit Settlements
Most of the pending Tylenol lawsuits will never reach a full-blown trial. In fact, very few mass tort cases are even selected by the Court for a bellwether trial (these are controlled, test-run cases that help encourage settlements).
As a result, we expect the vast majority of the current Tylenol autism claims will eventually be resolved by mutual settlement. After reviewing Tylenol autism lawsuits that have been filed over the past several months, the team at Lawsuit Legal News has developed these settlement estimates.
Our very early settlement estimates are categorized according to each level of ASD disorder as follows:
- ASD level 1 claims may settle for $50,000 to $225,000
- ASD level 2 claims may settle for an amount between $250,000 and $500,000, and
- ASD level 3 claims could be settled for an amount in excess of $500,000.
Keep in mind these are very early settlement projections for the Tylenol class action lawsuits because there have been no settlement discussions to date. Also, these projections are based on the expected costs of financial support and medical treatment that are estimated over a lifetime for a child with these different levels of autism.
Let’s break each of these categories down a bit more and explore the differences between each of the three ASD levels.
Autism Spectrum Disorder Level 1: Settlement Range est. $50,000 – $225,000
ASD Level 1 is considered the mildest form of autism. It is known as “high-functioning autism.” Children in this level usually speak in complete sentences, but they may have challenges with following social cues, planning, and organization.
People with level 1 autism may have difficulty shifting from one task to the next. Our estimated settlement amounts assume that children diagnosed with attention deficit hyperactivity disorder (ADHD) would probably fall into the same potential settlement ranges as those with level 1 autism.
Autism Spectrum Disorder Level 2: Settlement Range est. $225,000 – $500,000
Individuals diagnosed with level 2 autism display more obvious verbal and non-verbal communication issues. People with level 2 autism spectrum disorder also tend to engage in repetitive behaviors and may be challenged by daily routine changes or any deviations from familiar situations.
Autism Spectrum Disorder Level 3: Settlement Range est. $500,000+
Children diagnosed with level 3 autism can experience several of the same issues and challenges faced by those in levels 1 and 2. However, their challenges are much more severe. For example, ASD level 3 children may be totally non-verbal or use only a few simple words. Also, any changes to their routines can lead to extreme coping issues and emotional outbursts.
Of course, even in the medical world, these classifications are not mutually exclusive. For settlement purposes, each Tylenol autism lawsuit will be evaluated differently based on which ASD classification applies to the child, the extent of exposure to generic acetaminophen or Tylenol, and other factors that can involve both parents and the child in question.
Also, because the MDL litigation is still pending, future settlement estimates might be affected by court rulings, the outcome of any bellwether trials, new scientific research, and any recent court decisions in similar cases.
We Can Help Determine Your Possible Tylenol Autism Lawsuit Settlement Amount in a Free Consultation
If you are considering filing a Tylenol autism claim, or you have a pending lawsuit in the MDL, you need to know what your suit may be worth. Call the mass tort lawyers at Lawsuit Legal News at 866-467-0943 or fill out our simple online form for a free consultation. Together we can review your unique circumstances and determine which Tylenol autism lawsuit settlement amounts might apply to your situation.