The average Tylenol lawsuit payout is likely to be around $50,000 to more than $300,000, depending on the severity of the conditions diagnosed and other influencing factors. Knowing more about what to expect with these cases may help you determine how much you can recover in a lawsuit.
Tylenol Lawsuits in Illinois
Recent research has linked the consumption of acetaminophen in pregnant women to the development of autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), and other neurodevelopmental disorders in children.
The damages resulting from these conditions have led many parents to file lawsuits against Johnson & Johnson and other potentially liable companies.
What Are the Common Legal Claims in Tylenol Lawsuits?
The recent Tylenol lawsuits are seeking damages for drug manufacturers’ negligence. Specifically, plaintiffs in these lawsuits claim that these companies failed to warn of the risks associated with acetaminophen use in pregnant women, leading to ASD and other disorders that were otherwise avoidable.
Manufacturers have the responsibility of warning of and addressing risks that come with their products. Failure to do so can result in product liability cases, which is the basis for the current lawsuits.
Parents and their children have suffered from the effects of ASD and other conditions resulting from Tylenol use during pregnancy. For example, parents have had to pay for treatment of these conditions and deal with the challenges that come with them. As a result, parents are getting in on the multidistrict litigation (MDL) against Johnson & Johnson and other retailers for the damages they sustained.
What Factors Impact a Tylenol Lawsuit Payout?
There are multiple factors that can affect the total compensation plaintiffs may receive in the recent lawsuits. The main factors include the following:
Severity of Injuries Caused by Tylenol
Children can suffer from different levels of ASD, ranging from mild to severe. Some symptoms of this disorder include:
- Social difficulties
- Extreme and sudden mood and emotional changes
- Delayed development of speaking skills
- Impaired learning
- Sensitivity to certain stimuli, including lights, sounds, and textures
- Repetitive and excessive physical behaviors
Generally, there are three levels of ASD that can factor into the total settlement amount, with higher levels warranting more compensation. These levels start at ASD Level 1, which is milder and may lead to compensation as high as $150,000 to $225,000. From there, ASD Level 2 may lead to compensation ranging from $250,000 to $500,000. Plaintiffs dealing with ASD Level 3 could stand to recover more than $500,000.
The Role of Medical Bills, Lost Wages, and Other Tangible Damages
Plaintiffs may sustain a range of damages extending from acetaminophen exposure and resulting disorders. These damages will largely impact the settlement amount they can recover in their cases.
Some damages involved could include medical expenses for treating ASD or other conditions, lost income resulting from time taken off from work to seek treatment for the child, and other expenses needed to help deal with the child.
In addition to economic damages, plaintiffs in the Tylenol lawsuits may be eligible for class action lawsuit payout covering non-economic damages. These can include pain and suffering that plaintiffs experience because of their child’s condition, including emotional distress and trauma.
In addition to compensatory damages, plaintiffs in the Tylenol lawsuits may be able to recover punitive damages. The courts could award these damages in total settlement amounts if they find that the defendants are liable for gross negligence. Plaintiffs and their attorneys may argue that Johnson & Johnson and other named defendants should have known about the dangers their medications posed and failed to properly address them.
The Lack of Other Risk Factors
Another influencing factor in the outcome of a Tylenol lawsuit is the absence of other risk factors that could have led to the development of ASD or other conditions.
For instance, you might not have a genetic predisposition or have experienced any complications during pregnancy that could have led to the development of ASD, ADHD, or other disorders.
Studies have also linked environmental factors to the prenatal development of autism. These factors could include the mother’s metabolic and immune conditions, her diet, and the use of certain medications. Pesticides and other chemicals inhaled or consumed during pregnancy may also increase the risk of ASD and other conditions.
Medical records may help show that none of these factors played a role in the child’s development, and that prenatal exposure to acetaminophen is more likely the culprit behind the child’s disorder.
When Should You Hire a Lawyer?
If your child has developed ASD, ADHD, hyperactivity, or another neurological condition as the result of acetaminophen exposure during pregnancy, you may be able to build a case against the liable parties in these recent lawsuits.
To begin a lawsuit and seek compensation, you should consult with a reputable class action lawyer to discuss your case. He or she can sit with you in a free consultation to assess your case and determine what options you have when it comes to litigation.
The right lawyer will give you an accurate assessment and look at every detail to calculate compensation and gauge your chances of success. He or she may then provide representation and begin the legal process, walking you through what to expect in a class action lawsuit.
Don’t wait to file a lawsuit. Failure to file on time could lead you to pass the statute of limitations, which would prevent you from succeeding with a case. In Illinois, the statute of limitations for personal injury cases is two years from the occurrence or discovery of injury. An attorney will work with you to help you file on time and get total compensation.
Can Lawyers Negotiate Higher Settlements?
Attorneys with experience handling these types of cases may help you maximize your settlement in a lawsuit. They may collect sufficient evidence proving the link between your child’s disorder and acetaminophen exposure, and they could help prove the severity of your child’s condition to reach a more favorable outcome.
How Much Does a Class Action Attorney Cost?
If you need to hire a class action attorney to handle your Tylenol lawsuit, you should look for a lawyer that charges a contingency fee. You will only need to pay this fee if and when the attorney reaches a settlement in your case.
Class action lawyers work by meeting with potential clients in a free consultation to evaluate their case. The attorney will ask you questions pertaining to your case to determine whether you are worth representing. Attorneys want a strong case worth the effort to avoid wasting their time and energy.
Ask about the contingency fee during a consultation, and the attorney should give you a straight answer. You should never be in the dark about what you can expect to pay in your case at any point throughout.
The Development of a Multi-District Litigation Lawsuit
Recently, the Tylenol autism lawsuits became part of an MDL lawsuit before Judge Denise Cote of the United States District Court for the Southern District of New York. The MDL listed multiple defendants, including Johnson & Johnson, Walgreens, Walmart, CVS, Rite Aid, Costco, Dollar Tree, Family Dollar, and 7-Eleven, all of which distribute acetaminophen.
The development of these lawsuits into an MDL may lead this particular case to be one of the biggest mass torts in the U.S. Unlike class action lawsuits involving a single representative for multiple plaintiffs, this mass tort will comprise multiple cases that can lead to a wide range of settlements.
Collect Sufficient Evidence to Build a Case
If you wish to file a lawsuit against Johnson & Johnson or other retailers involved in the recent MDL, you must collect enough evidence to prove the nature of your child’s condition and connect it to acetaminophen use during pregnancy. Medical records collected during pregnancy, proof of lost income, and other key evidence will help you demonstrate this connection and potentially maximize your settlement amount.
If you’re unable to collect enough evidence on your own, an attorney may be able to work with you to obtain as much evidence as possible and organize it. He or she can then begin putting together a case to help you seek total compensation for all related damages. The more evidence you have to support your lawsuit, the more likely you are to recover the highest possible settlement amount.
To determine what options you have when it comes to a lawsuit against defendants in these cases, consult with a reputable attorney to discuss your case.