All people should be accepted equally. It’s a simple but powerful concept, and unfortunately, it’s one that is relatively difficult in practice. Traditionally, those who are “different,” whatever that may mean, have been treated as “less than” or disregarded by certain systems and institutions.1 Society has not provided the same level of access to care and the same resources to everyone across the board. However, as mental health continues to be destigmatized, through the tireless efforts of many people, we inch closer and closer to a society that accepts people for who they are.

Neurodiversity and developmental conditions like autism and ADHD

Neurodiversity is one of the areas of acceptance that still has to cover a lot of ground. The term, which still carries with it a somewhat negative connotation, simply means that people process information in different ways. Fortunately, as we gain more and more understanding of how and why different people process information differently, it becomes easier for those with neuro-atypical traits to live their lives without an unnecessary stigma attached to the way they think.

To be sure, many people who are formally diagnosed with autism spectrum disorder (ASD) and those diagnosed with attention deficit hyperactivity disorder (ADHD) are highly accomplished in life. They’re able to hold down jobs, maintain relationships and care for themselves even if it means taking medication or using other coping strategies.

The importance of making room for neurodiversity

However, it is true with neurodiversity that capabilities are going to range wildly from one person to the next. For example, where one individual on the autism spectrum may have only modest challenges to overcome, some people will deal with a far more severe disorder. With severe ASD, an individual can become dependent on another for care.

In that case, therefore, the difficulties not only impact the individual but also their family and other members of their support system. Given the tremendous resources sometimes required to care for such an individual, it’s important that as much support and assistance is provided to people in this situation as possible.

“Fetal exposure to acetaminophen was associated with significantly increased risk of childhood ADHD and ASD…” 2

Traditional Forms of Support for Autism Spectrum Disorder (ASD)

For the families of individuals impacted by a developmental disability, there are a wealth of resources available to get the help that is needed. Often, this will come in the form of county or state support, or through other public programs. It could be that financial support is available for those who qualify, or there could be free programs that provide therapy, skills training, and other benefits.

Funding for autism and ADHD support can benefit everyone in society.

These programs are essential for many individuals to thrive and should be valued. In fact, it would be ideal if these kinds of programs were expanded and provided with more funding to rise to the level of need for these services in the community.

The reality of the situation is that many people are left to deal with a developmental disorder largely on their own, absorbing the costs of care and other expenses without much – or any – help. The strain this can place on a family is obvious, and it comes in addition to the day-to-day challenges of helping their loved one.

The Concept of Failure to Warn

Pharma makers and sellers must warn consumers of the risks involved with their medications.

All companies that bring a product to market have a responsibility to warn users of that product of any potential for harm. This is a concept that applies across the board, not just to companies that sell medicine. For instance, there are warning labels on packages of cigarettes and alcohol, making clear the risks that the consumer is taking by using the product. In general, a company must denote known risks in a clear and concise manner that can be easily accessed and understood.

Warnings on medications like acetaminophen becomes especially important when they can cause permanent health conditions like Autism.

The stakes are particularly high in terms of proper warnings when it comes to medications because these products are being ingested. If a medication that is considered safe to use for a group of people actually contains dangers that are not listed on the package, significant harm can follow. This is what is being seen in the case of Tylenol® and developmental disorders such as ADHD and ASD. If there is a proven link between the use of Tylenol® – even the baby formulation, which is assumed safe for infants  – during pregnancy and a heightened risk of these developmental issues, consumers should be warned of that risk.

Adding a health warning to medications lets people make informed decisions about their own health.

“We have sufficient data from multiple populations and studies to say that acetaminophen is not as safe as it is considered.” 3

It seems highly likely that such a warning would change the behaviors of at least some – if not most – pregnant women who consider using Tylenol® or baby  Tylenol® when expecting. Reading a warning about developmental disorders, many women would likely look for an alternative medication, or choose to use no medication at all. While some women may still decide to use Tylenol® during their pregnancy, that does not change the responsibility of the company to warn consumers of all potential risks so they can make an informed decision. This is the least that can be done to counteract the long-held false belief that Tylenol® is safer to use in pregnancy than many other alternative drugs.

“Acetaminophen is an active ingredient in “more than 600 medications used to relieve mild to moderate pain and reduce fever.” 4

Taking a Step Forward with Autism

Like most things in life, the march toward acceptance for all does not travel in a straight line. Rather, there are plenty of bumps and curves along the way, and it’s important for everyone to continue to stay focused on supporting anyone in a marginalized group. For neurodiversity, the education of the general public on the varied ways that humans can process information – and that those variations are just differences as opposed to disabilities – is a great step. Moreover, the more the public knows about developmental disorders and their impacts, the more accepted these individuals will be, and the more support they will receive as they go through life.

The Center for Disease Control and Prevention (CDC) advises that if your child has symptoms of Autism Spectrum Disorder, you should contact a healthcare professional to have your child screened for ASD.

  • Info about screening for ASD is available on the CDC Website.
  • There is no cure for ASD, but there are autism therapies that can greatly help a child’s development.

In a case where the use of Tylenol® may have contributed to or directly caused a developmental disorder in a child, legal action may be warranted to seek damages for the harm caused. It is also important to note that, although Johnson & Johnson has taken the heat to date, any manufacturer of products containing acetaminophen, the active ingredient in Tylenol®, could enter the spotlight at some point. Any financial compensation that may be obtained through a lawsuit could be used to help offset the many difficulties and expenses associated with caring for a person with mental health struggles.

Taking Tylenol® (Acetaminophen / Paracetamol) while pregnant can affect the child’s brain development. 5 6

“We have sufficient data from multiple populations and studies to say that acetaminophen is not as safe as it is considered.” 7

Prenatal acetaminophen consumption has been connected to:

  • Autism Spectrum Disorder (ASD)
  • Attention deficit hyperactivity disorder (ADHD)
  • Language delay (in girls)
  • Decreased Intelligence Quotient (IQ).8

We Are Warriors For The Injured

Our only goal is justice for our clients, whatever that means for them.

If you or a loved one has been diagnosed with Autism Spectrum Disorder (ASD) attributable to acetaminophen taken during pregnancy, now is the time to seek legal assistance.

You need experienced attorneys on your side.

Our Texas and San Antonio mass tort lawyers have successfully represented dozens of victims injured by dangerous pharmaceuticals and other hazardous substances. That’s exactly why we were founded.

The legal team at Justinian and Associates has years of experience dealing with personal injury cases involving health conditions like ASD, and medications that are far more dangerous than represented by the companies selling them.

We have the knowledge, experience, resources and trained investigators to take on large adversaries like billion dollar manufacturing companies.

All we do is fight for injured victims.  And we do not accept defeat.

Unless we get you money for your injuries, you don’t pay us a dime.

Call, text or email us for a free consultation, with no obligation.

(855) 452-5529

pharma@justinian.com

Speak to a Texas personal injury attorney from Justinian & Associates (not a “screener” or paralegal) to understand your rights.


[1] Association of Cord Plasma Biomarkers of In Utero Acetaminophen Exposure With Risk of Attention-Deficit/Hyperactivity Disorder and Autism Spectrum Disorder in Childhood. Ji Y, Azuine RE, Zhang Y, et al., JAMA Psychiatry. 2020;77(2):180–189. doi:10.1001/jamapsychiatry.2019

[2] “Association of cord plasma biomarkers of in utero acetaminophen exposure with risk of attention-deficit/hyperactivity disorder and autism spectrum disorder in childhood.” Ji, Yuelong, et al., JAMA psychiatry 77.2 (2020): 180-189.

[3] A Systematic Review of the Link Between Autism Spectrum Disorder and Acetaminophen: A Mystery to Resolve, interpreting data from Parker SE, Collett BR, Werler MM: Maternal acetaminophen use during pregnancy and childhood behavioural problems: Discrepancies between mother- and teacher-reported outcomes. Paediatr Perinat Epidemiol. 2020, 34:299-308. 10.1111/ppe.12601).

[4] Paracetamol use during pregnancy—a call for precautionary action, Bauer, A.Z., Swan, S.H., Kriebel, D., Liew, Z., Taylor, H.S., Bornehag, C.G., Andrade, A.M., Olsen, J., Jensen, R.H., Mitchell, R.T. and Skakkebaek, N.E., 2021. Nature Reviews Endocrinology, 17(12), pp.757-766.

[5] A Systematic Review of the Link Between Autism Spectrum Disorder and Acetaminophen: A Mystery to Resolve, interpreting data from Parker SE, Collett BR, Werler MM: Maternal acetaminophen use during pregnancy and childhood behavioural problems: Discrepancies between mother- and teacher-reported outcomes. Paediatr Perinat Epidemiol. 2020, 34:299-308. 10.1111/ppe.12601).

[6] Paracetamol use during pregnancy—a call for precautionary action, Bauer, A.Z., Swan, S.H., Kriebel, D., Liew, Z., Taylor, H.S., Bornehag, C.G., Andrade, A.M., Olsen, J., Jensen, R.H., Mitchell, R.T. and Skakkebaek, N.E., 2021. Nature Reviews Endocrinology, 17(12), pp.757-766.

[7] A Systematic Review of the Link Between Autism Spectrum Disorder and Acetaminophen: A Mystery to Resolve, interpreting data from Parker SE, Collett BR, Werler MM: Maternal acetaminophen use during pregnancy and childhood behavioural problems: Discrepancies between mother- and teacher-reported outcomes. Paediatr Perinat Epidemiol. 2020, 34:299-308. 10.1111/ppe.12601).

[8] Paracetamol use during pregnancy—a call for precautionary action, Bauer, A.Z., Swan, S.H., Kriebel, D., Liew, Z., Taylor, H.S., Bornehag, C.G., Andrade, A.M., Olsen, J., Jensen, R.H., Mitchell, R.T. and Skakkebaek, N.E., 2021. Nature Reviews Endocrinology, 17(12), pp.757-766.