In recent years, the possible link between Tylenol use during pregnancy and an increased risk of autism spectrum disorder (ASD) in children has been a hot topic of debate. With some studies saying there may be a link, some families are seeking legal action against the manufacturers of Tylenol and the stores that sold the generic version. They argue that they were not warned about the risks.

Do you have a child with ASD and know that Tylenol was used during pregnancy? If so, here’s what you need to know about the legal process of a Tylenol and Autism lawsuit.

Step One: Do I Have a Case? If so, Hire a Lawyer

Parents with a child with ASD are advised to consult with an experienced attorney who has tried these types of drug cases. They will assess the facts of the case and determine if it is worth pursuing.

Once hired, if they determine it is, that attorney will help guide families through the complex legal process and do their best to present their case effectively and get them compensation.

The first step in starting a lawsuit is to file a complaint (the party filing is called the plaintiff). This legal document outlines the allegations against the defendant (the Tylenol manufacturer) and the damages families are looking for. Damages would include all the costs of caring for an autistic child. They can be financial (medical expenses) and nonfinancial (pain and suffering).

Once parents file suit, the manufacturer could agree to pay them an agreed-upon amount. This is called a settlement. If a settlement isn’t reached, the case will go to trial.

To prepare for court, both sides make discovery and attend pre-trial proceedings. These involve gathering evidence, sharing information between the sides, and participating in motion hearings and settlement negotiations.

Step Two: You Need to Establish a Legal Claim

Evidence gathering is crucial to building a solid case. With the help of their attorney, families will need to include all relevant medical records and documents that can demonstrate the link between Tylenol use and autism.

Once the evidence is gathered, parents must prove that negligence was involved for their claim to succeed. For negligence to be found, the facts must show that the manufacturer failed to warn consumers about the potential risks of Tylenol or that the way they marketed the product was misleading to purchasers.

Lastly, a claim needs to show causation. This means that the manufacturer’s negligence caused damages. Showing causation is challenging and may require an attorney to bring in medical professionals and researchers. These experts will be needed to prove that Tylenol use during pregnancy directly led to the child’s autism diagnosis.

Will My Case Go to Trial or Settle?

As mentioned previously, if a settlement isn’t reached, the case will go to court. Both sides will present their evidence and arguments before a judge or jury, who will determine who wins or loses.

If families sue the manufacturer and win, they may be compensated for damages. Damages refer to the money they receive for your claim. For example, parents can be awarded damages for medical expenses, pain and suffering, and loss of quality of life. How much they get would depend on the specific circumstances of your case.

Whoever loses in court can choose to appeal the court’s decision. However, the appeals process can take a long time and could involve more hearings and reviews by the appeals courts.

Who Can I Contact to See if I Should File a Lawsuit?

If you believe that your child’s autism may be linked to Tylenol use during pregnancy, consult with an experienced attorney to evaluate your case and discuss your legal options. By taking action, you can help bring awareness to the issue and may also help provide financial relief for affected families. Contact Action Matters today to get started.