Predicting Your Tylenol Lawsuit Payout (2024)

Sarah Edwards


Reviewed By Adam Ramirez, J.D.


Read in 6 mins

Scientific research linking Tylenol, the name brand for acetaminophen, to autism and ADHD is complex. Unfortunately, parents of children with these conditions have been caught in the middle of the scientific and legal battle over what might have happened and whether they are entitled to seek injury compensation.

There is no doubt that children with autism or ADHD suffer significant losses during their lifetimes. The only question in these cases is whether they deserve a Tylenol lawsuit payout from the manufacturer of these drugs. The primary legal contention is that acetaminophen causes neurological disorders in fetuses when pregnant women use it. However, the manufacturers failed to warn the public of this danger.

Status of Tylenol Lawsuits Alleging Autism and ADHD

The alleged risks posed by acetaminophen have been raised in over 560 lawsuits. Unfortunately, the families that filed these lawsuits may need to restart their claims after a federal court found that their expert witnesses failed to support their contentions with scientific evidence.

To be eligible for a Tylenol lawsuit payout, claimants generally must demonstrate a direct link between Tylenol usage and a diagnosed developmental disorder such as autism or ADHD. Medical records and prescription history are often required as evidence. Additionally, claimants may need to show that they were not adequately warned about the potential risks associated with Tylenol.

Finally, the plaintiffs must prove a causal link between acetaminophen and the condition. In most cases, an expert witness, typically a scientist or research physician, testifies that scientific evidence supports a connection between the product and the injury. However, the expert witness proposed for the majority of pending cases was rejected by the court.

Before going any further, you must understand how Tylenol cases were filed. Over 560 families filed lawsuits seeking injury compensation in federal courts across the country. They were consolidated in a single court to be overseen by a single judge.

This process, called multidistrict litigation (MDL), allows plaintiffs to efficiently pursue their claims by using a common process for gathering evidence and resolving litigation issues. In this case, MDL allowed the manufacturers and retailers of acetaminophen to knock out hundreds of cases at once.

A majority of cases designated the same expert witness to testify about the causal link between Tylenol and neurological disorders like autism and ADHD. However, the judge agreed with the manufacturers and retailers that the expert had cherry-picked studies and did not fairly present the science supporting the link.

What Remains of the Tylenol Claims?

When the court rejected the expert witness, it also dismissed all the cases relying on the expert’s testimony. By a quirk of timing, a small sliver of cases filed later in the process were not dismissed because they had designated a different expert.

Thus, lawyers handling these cases have identified two options for continuing with the claims. First, if the federal judge handling the MDL accepts the other expert witness, those cases will survive. The claimants whose cases were dismissed would switch gears and designate the expert accepted by the court.

Second, claimants can still file in state court. Some states may allow the cases to go forward with the expert rejected by the federal judge.

When will the Tylenol autism lawsuit be settled? Since these cases may need to be refiled in state court, a settlement may still be years away.

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Predicting the Tylenol Lawsuit Payout per Person

Although the Tylenol cases may be headed back to square one, it is still helpful to look at possible Tylenol autism lawsuit settlement amounts per person. Plaintiffs need to understand the compensation they can recover so they can make informed decisions about whether to refile in state or federal court.

As a preliminary matter, no Tylenol case alleging a link between a child’s autism or ADHD has settled. The manufacturers and retailers defending these lawsuits knocked out the majority of cases in the MDL fairly early in the process, so none had gone far enough to get a jury award or settlement.

Since there are no past awards to predict possible future awards, you must rely on remedies law to estimate them. When you win a lawsuit, you can pursue compensation for both economic and non-economic losses.

Economic losses represent the financial cost of your child’s condition. Medical bills, counseling, lost income, and caretaking might qualify as economic losses. Non-economic losses represent the erosion in their quality of life due to their conditions. These compensate your child for their mental anguish and inability to participate in activities.

How Much Is the Tylenol Autism Settlement for Various Levels of Autism?

The major factor that determines the payout is the seriousness of ADHD or Autism disorder and how much a pregnant woman takes acetaminophen. The seriousness and severity of these disorders, especially Autism, are measured in three distinct units: ASD level 1, ASD level 2, and ASD level 3. The first level is less severe, while the third level has greater severity of ASD.

Lawsuit settlements will likely depend on the seriousness of ASD or autism. Children who are diagnosed with one level of Autism will receive a low settlement, while children with level 3 Autism will receive more.

Autism Spectrum Disorder Level 1

Level 1 Autism, often referred to as "high-functioning autism," generally results in compensation amounts in the tens of thousands of dollars. Children with this level can articulate well but struggle with social norms and executive functions similar to those with ADHD. However, even children at the lowest level will feel the effects of their condition for their entire lives.

Autism Spectrum Disorder Level 2

For Level 2 Autism, which involves more pronounced communication and behavioral issues, the estimated compensation is in the tens to hundreds of thousands of dollars. These children face challenges in adapting to and deviating from routine activities. As a result, they may need significant treatment and assistance.

Autism Spectrum Disorder Level 3

Level 3 Autism, the most severe form, can lead to compensation amounts in the hundreds of thousands or even millions of dollars. Children at this level face extreme difficulties in both verbal and non-verbal communication and are highly restricted in their activities and interactions. These children might need to pay for residential care or full-time caretakers.

Learn More About Your Potential Tylenol Lawsuit Payout

Tylenol cases are currently in limbo. Until the plaintiffs can present an expert acceptable to a state or federal judge, they will need to sit on their claims. Once the plaintiffs can move their claims closer to trial, the manufacturers and retailers will have a greater incentive to settle them.

You face a momentous decision about your case. Before you take any action, you should consider consulting an experienced lawyer. ConsumerShield will review your case without any charge. Once we understand your claims, we can connect you with a lawyer. Contact us for your free case evaluation.

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