Acetaminophen ADHD Lawsuit Filed Against Target, Walmart and Walgreens

Target, Walmart and Walgreens face a lawsuit over attention deficit hyperactivity disorder (ADHD) caused by acetaminophen, which was used during pregnancy by a Louisiana woman, who indicates she was not aware of the impact the active ingredient in Tylenol may have on her unborn child.

The complaint (PDF) was filed late last month in Minnesota federal court by Candice Crawford, who is pursuing damages on behalf of herself and her minor child, identified only with the initials P.C.

The case joins a growing number of similar Tylenol ADHD lawsuits now being pursued against Target, Walmart, Walgreens and other pharmacies, following recent studies that have highlighted the risks pregnant women may face from acetaminophen, which has been marketed and promoted as a safe pain medication for use during pregnancy.

According to the lawsuit, Crawford began using acetaminophen products in November 2014, while she was pregnant with her child. She used the drugs almost every day during her pregnancy to treat aches, back pains and pains in her extremities, which are common occurrences during pregnancy.

Her child was born in May 2015.

“Sometime thereafter, it was discovered that Plaintiff Minor suffered from speech delay,” the lawsuit notes. “After beginning elementary school, Plaintiff Minor began having behavioral issues such as tantrums, difficulty sitting still, and keeping quiet. Plaintiff Minor also struggles with aggression and maintaining focus at school.”

In November 2021, P.C. was diagnosed with ADHD, which the lawsuit blames on acetaminophen products sold by Target, Walmart and Walgreens, without any warning about the risks they pose for unborn children. Crawford indicates that if the Tylenol ADHD risks had been disclosed, she never would have taken the pain medications.

Studies Linking Acetaminophen and ADHD

In October 2019, a study published in the medical journal JAMA Psychiatry found that children with the highest levels of acetaminophen metabolites in their blood at birth had the highest risk of the developmental disorders.

According to additional research published in the European Journal of Epidemiology in June 2021, children exposed to Tylenol during pregnancy were 19% more likely to have autism spectrum disorders and 21% more likely to have ADHD symptoms compared to non-exposed children.

Due to the potential acetaminophen risks for pregnant women, researchers from Columbia University warned that doctors should re-evaluate the role of the pain medication during pregnancy in 2020, after finding that prenatal exposure may lead to impaired neurodevelopment in the fetus.

October 2022 Acetaminophen Lawsuit Update

Following an order issued by the Judicial Panel on Multidistrict Litigation (JPML) on October 6, 2022, the acetaminophen ADHD lawsuit filed by Crawford will be transferred to the U.S. District Court for the Southern District of New York, where all similar claim brought by families throughout the federal court system have been centralized before Senior U.S. District Judge Denise Cote.

Given common questions of fact and law about the link between acetaminophen and ADHD, autism and other developmental disorders, the litigation has been consolidated to reduce duplicative discovery into common issues, avoid conflicting pretrial schedules and to serve the convenience of common witnesses, parties and the entire judicial system.

Acetaminophen lawsuits filed against all major pharmacy chains have been combined into one single MDL, which is also likely to include Tylenol lawsuits brought against Johnson & Johnson by former users of the brand-name version of the pain medication. However, if autism and ADHD settlements are not reached during the pretrial proceedings, the lawsuit filed by Crawford and other plaintiffs will later be remanded back to the U.S District Court where it originated for a separate trial date.