12 Questions Seniors Should Ask Attorneys Before Hiring Them

CopyPress Inc. on May 11, 2023

Finding the right attorney becomes increasingly important as people age. Estate planning and long-term care needs are something many seniors start to think about, especially after they retire. By having an attorney who understands elder law and risks facing seniors, you can ensure your finances and estates are protected. Each elder law attorney has their own specialization, so seniors or those caring for them should conduct research to ensure the attorney can help with their unique situation before deciding to work with one. Asking the right questions can help you find an attorney who understands the specific issues you are facing and can adequately provide for your needs.

An experienced elder law attorney should be able to help with these common senior issues:

Social Security and disability claims.
Medicare and Medicaid claims.
Tax and estate planning.
Elder financial planning.
Elder abuse and fraud claims.
Creating living wills and trusts.
Handling probate and estates.
Age discrimination cases.
Long-term care placement and issues.

This list is not exhaustive, and each attorney will have their areas of expertise. Knowing what areas of senior law an elder law attorney specializes in can help you decide if they are the right person for the job.

Unfortunately, there are some people out there who try to scam seniors out of their hard earned savings, even attorneys. Many seniors get taken advantage of because they are vulnerable to the tactics con artists use to manipulate them into providing money or information that can cause harm. By asking an attorney the right questions, seniors and caregivers can avoid hiring one who does not provide sufficient legal services or takes advantage of the elder community. Knowing what to ask means seniors can find an elder law attorney who puts their best interests first.

Importance of a trustworthy attorney

The most important thing when looking for an elder law attorney is finding someone trustworthy. An attorney will have access to all of a senior’s personal information, including financial and legal matters. They will most likely work with their attorney until their death, especially if they are choosing one later in life. The key to a happy and successful client-attorney relationship throughout the retirement journey is trust, as an attorney has access to their client’s most personal data.

As people age, they might lose some of their cognitive awareness or mental capacity, inhibiting their ability to make decisions. So it is vital that the client-attorney relationship be built on a foundation of trust. A trusted lawyer can offer their services and act as an advocate when important decisions are on the line as they often have access to a senior’s banking information, estate planning details, and will.

An elder law attorney’s expertise should help their aging clients understand how to handle any issues that come up and help them when needed. From Medicare payments to last will and testament documents, an elder law attorney has the knowledge and experience to help protect their clients.

Different legal areas an attorney should be experienced in

Elder law encompasses a range of areas, and not all attorneys will be well-versed in every one of them. Some of the legal areas an elder law attorney may have expertise in include:

Estate planning

A lot goes into estate planning, and it is a major area of importance for seniors and something of which an elder law attorney should have a good grasp. They can create legal documents that provide guidance for family members and caregivers, such as:

Advance directives: An advance directive is a legal document that provides guidance on medical care issues that arise when a person is no longer able to communicate their wishes. An attorney can assist their client in creating clear advance directives to ensure their heirs comply with their instructions.
Power of attorney: A power of attorney is a document appointing someone who can act on another’s behalf. This lets them make decisions for that person as specified in the power of attorney document.
Health care power of attorney: With a health care power of attorney, seniors can appoint someone who can make medical decisions for them. This person will not have the ability to make financial decisions, and the attorney can set limitations on their power per the client’s requests.
Wills: Creating a will is important for the elder community, and an elder law attorney can ensure this gets done accurately. This document will describe how a person’s assets and belongings can be divided among their heirs.
Living wills: Living wills are documents that tell others how a person wants to be handled in the event of an emergency. This is mainly regarding emergency medical treatments and does not provide directions for personal assets or items.

Other aspects of estate planning that an elder law attorney can help with are estate tax and gifting. Understanding what their heirs will pay in taxes on their estate can allow seniors to plan for this in their will and other documents they create with their attorney. Some seniors may benefit from gifting some of their assets to their loved ones before they pass away, and an elder law attorney should provide capable guidance on this topic.

Probate

Probate is a legal process where an executor oversees the distribution of a person’s estate according to their will. If an individual has a clear will that devises their estate with no questions or problems, the probate process can go quickly and smoothly. Some assets can even avoid going through probate altogether. The probate process and rules vary by state, so having an elder law attorney who understands how probate works in your specific state can benefit you greatly.

Retirement

An elder law attorney will understand how retirement plans work as well as the benefits that go along with them. They should be familiar with 401(k)s and IRAs, including how and when to disburse funds from these accounts, and how to handle any discrepancies in the timing or amount of payouts.

Guardianship

In some cases, a senior may not have the ability to care for themselves. A Court might appoint a guardian — someone who is responsible for caring for the incapacitated individual. This person may have to ensure the senior gets their medications or help them with daily living tasks. In advance of such unfortunate circumstances, an elder law attorney can help a senior choose someone they trust to be their guardian if the need arises, or advocate to have a qualified guardian appointed once the senior can no longer handle daily tasks on their own.

Social Security

Government benefits such as Social Security and other disability insurance programs can be difficult to navigate. Having the right attorney can help a senior if they need to make claims against the federal government relating to issues with their Social Security or disability benefits. They can also appeal any decisions the Social Security Administration or Court makes, which is often necessary in cases that involve government agencies. An attorney can assist a senior in understanding when they can take Social Security and what their benefits will be.

Long-term care planning

Long-term care planning is another big issue for seniors. As people age, they begin to consider who will care for them when they are not able to do certain tasks on their own. An elder law attorney can help someone who is older make a plan for how they want to live later in life. They can help seniors decide whether they are capable of independent living or if they require assisted living or a nursing home.

Clients with long-term care insurance may need help receiving payouts, but those without it may need an elder law attorney assist in obtaining long-term care insurance. This coverage can help seniors nearing retirement help pay for costs associated with long-term care.

Unfortunately, some care facilities for seniors may discriminate because of a person’s age or economic status. Fighting housing discrimination for seniors is another area that most elder law attorneys should understand. They can help ensure their clients are treated fairly regardless of their age, medical condition, and financial status.

Financial planning

Once seniors retire, their financial planning often shifts from accumulating wealth to ensuring their expenses are covered until their death. They need to decide how their loved ones will pay for their living expenses, especially if they have to live in an assisted living community or a nursing home. Even older adults who are capable of living independently need to plan for paying people to come to their homes to assist them with daily tasks.

Part of a senior’s financial planning should include paying funeral expenses and determining how to distribute their assets after their death. Using an attorney’s services can alleviate some of the stress of dealing with these difficult issues as the contracts surrounding these items may be confusing. Attorneys can ensure their clients include these things in their financial planning strategy so that there are no questions about anything when they are gone.

Medicaid/Medicare

Many seniors rely on the help of Medicaid or Medicare to cover some of their medical expenses. With these programs come many laws regarding compliance, claims, and appeals. A senior who experiences issues with Medicare or Medicaid payments may need the help of an elder law attorney. These professionals can navigate the complexities of these programs to help seniors resolve issues they might encounter when relying on them for assistance.

Elder abuse

Unfortunately, there are some individuals who mistreat and abuse the elderly. This can happen in their own home or when they are in a nursing home or senior care facility. They also need protection from other mistreatments, such as fraud. Seniors are often the target of scams where someone is attempting to get their banking information or other personal data. The right attorney can help their client take steps to prevent such abuse or seek justice for wrongdoing if it happens.

Veterans benefits

Many seniors have served in a branch of the United States military, and as such, they are awarded veterans benefits. These benefits may include medical care and disability insurance, among others. Getting the benefits they deserve should not be challenging for those who have served, but the reality is that sometimes it can be complicated or take a long time for veterans to receive benefits. A senior who has a talented elder law attorney may have a better chance of having their veterans benefits issue resolved.

Age discrimination

A senior who is still working or wants to work may face discrimination due to their age. Employers want to hire those who can stay with their company for years to come, and a senior in retirement age may seem like a risk. Despite this, it is illegal to discriminate against someone based on their age. A person who faces legal issues because of age discrimination may seek an elder law attorney to help them prove discrimination and prevent it from happening to others in the future.

Special needs trusts

The right attorney will be familiar with creating special needs trusts. These trusts allow a person with mental or physical disabilities to receive pay without affecting their government assistance programs. A senior can set up a special needs trust to ensure their loved one with special needs will live comfortably. The trust can contain assets and needs a grantor to oversee the disbursements.

Asset protection

Seniors who have accumulated wealth may want an attorney who is familiar with asset protection planning. Including this in their financial planning strategy can protect seniors from losing their assets to creditors or disqualifying them from benefits programs. An asset protection plan could prevent creditors from taking certain assets in the event of a default on payment. This might be beneficial for seniors who forget to make payments due to cognitive loss or dementia.

12 questions to ask an attorney before hiring them for your elder law needs

Here are 12 questions and reasons to ask them before hiring an attorney to handle any elder law needs:

Are you certified in elder law by [state] bar association or a national bar association?

Asking this question can tell you if an attorney has the legal right to take law cases in your state. Because the law varies so much by state, it is important to ask a potential attorney if they are certified specifically in elder law by the state’s bar association. They may also be certified by a national bar association in addition to having their state certification.

How much experience do you have working in elder law?

The experience an elder law attorney has can determine their ability to help their clients. A more experienced professional will understand how to work with cases related specifically to issues common among seniors, such as receiving payments for retirement benefits or handling abuse situations. Knowing examples of the work performed bu an attorney who specializes in elder law can help you decide if they have the knowledge and experience to meet your needs.

Do you specialize in only one area of elder law or several?

Because there are so many areas of elder law, it is important to know if an attorney specializes in a certain aspect of the law involving seniors. This can determine whether the attorney has the right skills to work with you or your loved one. It might be beneficial to have an elder law attorney who has knowledge of multiple areas of elder law because they can help with a variety of needs, including the review financial plans, creation of legal documents, and estate planning. They can provide guidance for end-of-life planning and distributing assets as well, depending on their knowledge and experience.

In general, seniors need to get specific with an attorney about their needs. This is the best way to determine whether they have the skills and specialization to help them achieve their goals. Someone who has issues getting their veterans benefits should find an attorney who has experience working with the U.S. Department of Veterans Affairs. In comparison, a person who needs a will and power of attorney documents may not need an attorney with that area of specialization. The attorney’s areas of expertise need to match the needs of their clients.

In what area of elder law do you frequently work?

This question can help you learn what area of elder law the attorney has the most familiarity. An elder law attorney who primarily handles Medicare and Medicaid issues may not have the experience to take on an elder abuse case. Each attorney will have their specialties, and within those, they may specialize even further to mainly work on one type of case or with a single issue that seniors face, such as fraud claims. They may also be a great source of referrals to other attorneys that may be better suited for your specific needs.

How frequently do you handle cases like mine?

It is good to know how frequently an attorney has worked on cases similar to yours. An elder law attorney may still be a good candidate even if they do not work on similar cases frequently if they have a lot of experience and have worked on similar cases in the past. However, an attorney who has no experience with similar cases may not be the best fit.

Can you describe your familiarity with [state] and federal elder laws?

In asking this question, you can judge the experience level of the attorney and how well they know their profession. You should have some familiarity with your own case, so you may gain confidence in the attorney based on their answer. If an attorney cannot answer this question or if the answer does not match what you already know, it could be a red flag that the attorney is not familiar with relevant laws.

Are you up to date on the latest Medicaid and Medicare laws?

Millions of seniors rely on Medicaid or Medicare to supplement their medical costs, so a good elder law attorney needs to stay up to date on issues surrounding Medicaid and Medicare. These are both government programs, so they can be challenging to work with when seniors need help. Some seniors may be at risk of losing their benefits while others could be struggling to get coverage. Knowing the current laws and regulations can help an attorney navigate a case and find solutions.

Will you oversee my case or will it be delegated to another attorney or group of attorneys?

An attorney with a large practice may delegate some of their cases to another attorney or group of attorneys they work with. A senior needs to know who will oversee their case because they may not want to work with a large firm, preferring a more individualized approach. However, working with a larger attorney’s office provides the benefit of using the resources and talents of more people. These agencies can potentially match a case to an attorney who can work it successfully.

Have you ever had disciplinary action taken against you by your state bar association? If yes, when and for what?

You can ask your potential attorneys about disciplinary action against them to learn how they handle themselves and better understand their reputation. An attorney with several marks against them could have a bad reputation, meaning that they are not well-liked in the community. This could have a detrimental effect on a case. If an attorney had disciplinary action taken against them early in their career but has avoided this for many years, it may be nothing to worry about. More recent disciplinary action could be a bigger concern, and you should inquire about the reason for the infraction.

What are the training requirements for any paralegals who will participate in my case?

Many attorneys use paralegals to help them prepare for cases and keep materials organized for when they appear in Court. Asking about training requirements for paralegals gives you insight into how well your case might be handled. Paralegals should have certification and education directly related to senior issues. Attorneys should tell potential clients the specific number of training hours paralegals need to work a case.

What are your fees?

It is important to know exactly what an attorney charges for their services. A written fee agreement that details charges for specific services can provide clarity so there is no confusion when a bill is due. This agreement should also detail policies regarding emails, telephone conversations, after-hours communication, and in-person or online meetings, as these factors can cause confusion when it comes to how they are billed and the rate.

Some attorneys charge:

Flat rates: A flat rate is an amount due to an attorney for their services regardless of the outcome of the case.
Hourly rates: Some attorneys charge an hourly rate that is due for every hour they work on the case regardless of the outcome.
Contingent rates: Contingent rates are those that only get paid if the attorney successfully wins or settles the case and are typically a percentage of the awarded amount.
Mixed rates: An attorney may charge mixed rates, where some services are billed by the hour but they still take a percentage of the total award if the case is successful.

Do you have informational material you can offer related to my case?

An elder law attorney will have access to information about current elder laws that apply to cases their clients bring to them. Try to request as much information as you can get, as it can be difficult to remember everything discussed when speaking to an elder law attorney for the first time. Attorneys should happily provide you with the information they have that relates to your case or be willing to direct you to resources where you may obtain additional information. The more information an attorney offers, the better prepared they are to understand your needs.

Sources:

National Institute on Aging, Advance Care Planning: Advance Directive for Health Care. (2023). Retrieved from
https://www.nia.nih.gov/health/advance-care-planning-advance-directives-health-care

American Bar Association. Power of Attorney. (2023). Retrieved from https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/

American Bar Association. Giving Someone a Power of Attorney for Your Healthcare (multi-state and form guide). (2023). Retrieved from https://www.americanbar.org/groups/law_aging/resources/health_care_decision_making/power_atty_guide_and_form_2011/

National Institute on Aging. Preparing a Living Will. (2023). Retrieved from https://www.nia.nih.gov/health/preparing-living-will

American Bar Association. The Probate Process. (2023). Retrieved from https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process/

Eghrari Wealth Training Law Firm. How Elder Law Attorneys Help You Save for Retirement. (2023). Retrieved from https://www.myestateplan.com/how-elder-law-attorneys-help-you-save-for-retirement/

Investopedia. Understanding a Special Needs Trust and Its Benefits. (2022). Retrieved from https://www.investopedia.com/terms/s/special-needs-trust.asp

American Bar Association. Asset Protection Planning. (2023). Retrieved from https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/asset_protection_planning/

Cornell Law School. attorneys fees (or attorneys’ fees). (2023). Retrieved from https://www.law.cornell.edu/wex/attorney%27s_fees_%28or_attorneys%27_fees%29

Cornell Law School. contingency fee. (2023). Retrieved from https://www.law.cornell.edu/wex/contingency_fee

Meta description: Finding the right lawyer to help seniors with their specific issues means knowing the right questions to ask. Consider these 12.

J&J Proposes $8.9 Billion To Settle Talcum Powder Lawsuits

CopyPress Inc. on April 19, 2023

Johnson & Johnson Proposes $8.9 Billion To Settle Talcum Powder Lawsuits

On April 4, 2023, Johnson & Johnson announced that it has earmarked $8.9 billion as part of a plan to cover settlements to tens of thousands of plaintiffs who allege the company’s talcum powder products caused cancer. This amount is more than four times the $2 billion the company had originally set aside in October 2021.

The revised talc settlement amount is part of a proposed reorganization plan to resolve both current and future claims relating to the company’s talc-based products. The finalization of the plan rests on two conditions. First, the Court must accept the settlement as well as a bankruptcy refiling by a J&J subsidiary, LTL Management. Second, the settlement must have the approval of at least 75% of the claimants, as specified in section 524(g) of the U.S. Bankruptcy Code.

According to Mikal Watts, one of the lawyers for the plaintiffs, enough claimants now support the revised talc settlement to induce the Court’s approval.

If the deal goes through, plaintiffs diagnosed with cancer before April 1, 2023, would receive their settlement amounts within a year, while payouts to future plaintiffs would be payable over the next 25 years.

LTL Management and the Texas two-step

In October 2021, J&J created LTL Management in an attempt to reduce its legal exposure in a maneuver known as a Texas two-step, where a solvent company transfers its tort liabilities to a newly created corporate entity that subsequently declares bankruptcy.

After LTL Management filed for a Chapter 11 bankruptcy two days after its formation, plaintiffs’ lawyers challenged the effort as an abuse of the bankruptcy system. They argued the filing was not in good faith, as J&J’s capitalization of more than $400 billion did not indicate insolvency, a necessity for establishing a bankruptcy claim. In response, J&J claimed the bankruptcy filing would be a more equitable resolution because it would help to ensure fairer settlement payouts.

In January 2023, a U.S. Court of Appeals dismissed the bankruptcy filing on grounds of illegitimacy. The Court’s rejection of J&J’s maneuver effectively prompted the company to revise its settlement proposal.

Potential health concerns surrounding talc products

Talc is a naturally occurring mineral and an ingredient in baby powder, a product closely associated with J&J. Though talc itself is harmless, it commonly occurs in the earth in close proximity to asbestos, a cancer-causing agent. Because of the proximity, asbestos can be in talc products. If applied to the genital region or inhaled, contaminated talc could potentially cause ovarian cancer or mesothelioma.

Concerns about potential asbestos contamination in talc have existed since the 1970s, and the claimants in the J&J talcum powder lawsuit allege the company has known about the connection for decades.

In October 2019, the U.S. Food and Drug Administration (FDA) completed a study in which it detected traces of asbestos in several talc products and worked with manufacturers, including J&J, to issue recalls.

J&J ceased sales of its talc-based baby powder in the North American market in 2020 and discontinued it worldwide in 2023. The company attributes its decision to “misinformation” surrounding the product and maintains that its talc-containing offerings are safe to use.

Sources:

Associated Press. (2023, April 5). “Johnson & Johnson Proposes Paying $8.9 Billion To Settle Talcum Powder Lawsuits.” NPR. Retrieved from https://www.npr.org/2023/04/05/1168110404/johnson-proposes-to-settle-talcum-powder-lawsuits

Fay, Bill. (2020, June 10). “What Is Insolvency?” Debt.org. Retrieved from https://www.debt.org/faqs/insolvency

Knauth, Dietrich, and Mike Spector. (2023, April 5). “J&J Unit Files For Second Bankruptcy To Pursue $8.9 Billion Talc Settlement.” Reuters. Retrieved from https://www.reuters.com/legal/jj-unit-goes-bankrupt-second-time-pursue-89-bln-talc-settlement-2023-04-04

Llamas, Michelle. (2023, April 5). “Johnson & Johnson Agrees to $8.9 Billion Talc Settlement.” Drugwatch. Retrieved from https://www.drugwatch.com/news/2023/04/05/johnson-johnson-talc-settlement

Marshall, Karen. (2013, January 29). “Estimating Asbestos Claims in Bankruptcies No Easy Task.” Asbestos.com. Retrieved from https://www.asbestos.com/blog/2013/01/29/estimating-asbestos-claims-bankruptcies

“Talc.” (2022, December 7). U.S. Food & Drug Administration. Retrieved from https://www.fda.gov/cosmetics/cosmetic-ingredients/talc

“Talcum Powder Products.” (2023, March 6). Lawfirm.com. Retrieved from https://www.lawfirm.com/product-liability/talcum-powder/products

Whitmer, Michelle. (2023, March 2). “Johnson & Johnson.” Asbestos.com. Retrieved from https://www.asbestos.com/companies/johnson-johnson

“Victims, Johnson & Johnson Reach Multibillion-Dollar Resolution of Talc-Cancer Lawsuits.” (2023, April 4). Nachawati Law Group. Retrieved from https://ntrial.com/victims-johnson-johnson-reach-multibillion-dollar-resolution-of-talc-cancer-lawsuits

Court Approves Short-Form Complaint for Tylenol Autism

CopyPress Inc. on March 9, 2023

Court Approves Short-Form Complaint for Tylenol Autism

Heap of medicine pills

Families looking to take legal action against distributors and manufacturers of acetaminophen-based pain medications gained a small victory on Jan. 11, 2023, when a U.S. District Judge approved a short-form complaint. This complaint allows families to submit ADHD and Tylenol autism-related lawsuits in the federal multidistrict litigation (“MDL”) Court, which will help the parties involved evaluate each individual claim. Judge Denise Cote made the decision because more families are seeking to file lawsuits, saying that the active ingredient found in Tylenol resulted in ADHD or autism in their children and that the drug maker or distributor failed to warn or adequately disclose the potential pregnancy dangers.

History of acetaminophen-based medications and pregnancy lawsuits

For many years, pregnant women used Tylenol, along with other acetaminophen-based medications, believing that they were safe. Now, however, some families allege that there is an active ingredient in these drugs that causes autism and ADHD and that the drug makers knew of this risk but didn’t adequately inform pregnant women. Back in November 2022, the Court established a federal MDL, creating a centralized location for all of these Tylenol autism lawsuits. Since these claims raise almost identical factual allegations, the Court decided to include them all in one MDL.

Managing similar cases

As of now, many of the current complaints are against drug retailers, such as CVS, Walgreens, and Walmart. This stems from the retailers selling these drugs without pregnancy warnings. It’s expected that several thousand lawsuits will also be filed against Johnson & Johnson for its alleged role in the extensive use of acetaminophen-based medications during pregnancy.

The short-form complaint was proposed by lawyers of the existing claimants, as it will allow for a standardized complaint form for potential future litigants. They can then use this to adopt specific allegations from the master complaint, then provide limited information on a case-by-case basis about acetaminophen-based drugs and any injuries suffered by their children.

Judge Cote was appointed by the U.S. Judicial Panel on Multidistrict Litigation (JPML) to oversee the growing number of cases. She will manage these cases in the Southern District of New York, allowing the different parties to coordinate discovery related to all claims. As part of this process, the Court expects to create what is known as a “bellwether” process, which is a small group of representative claims prepared in advance for earlier trial dates. The parties involved can then assess how these cases performed in front of a jury and decide on further actions needed.

Determining if you have a case

If you believe your child was injured during pregnancy because of Tylenol or another acetaminophen-based medication, you may have a claim. To proceed, you should speak with a lawyer who will assist you in determining whether you qualify to join the MDL. If you do, the lawyer can then work with you throughout the rest of the process to help ensure you receive the best possible outcome.

While these Court cases can take some time, it’s still important to join as early as possible if you think you are eligible. Doing so will help you avoid any deadlines and give you more insight into the progress of the litigation. Speak with one of our lawyers today to learn more about potentially joining the MDL and beginning the process of filing a short-form complaint.

Special Master to Oversee Census of Tylenol Autism Lawsuits

CopyPress Inc. on March 9, 2023

Special Master to Oversee Census of Tylenol Autism Lawsuits

The U.S. District Judge in charge of presiding over all federal lawsuits regarding the potential link between Tylenol and autism has appointed a special master to conduct a census to better understand how to efficiently manage claimant data and the discovery process as the number of claimants and lawsuits rapidly expand. These lawsuits concern the connection between taking Tylenol and other generic acetaminophen-based drugs during pregnancies and an increased number of cases of autism, attention deficit hyperactivity disorder (ADHD), and other similar disorders in the children that were exposed as fetuses.

Thousands of lawsuits expected

The special master’s specific role is to centralize all claims made by families that were allegedly affected by the failure of Tylenol manufacturer Johnson & Johnson and sellers of generic acetaminophen-based alternatives, like Walmart, Costco, Walgreens, and others, to inform customers about the potential risks.

There are currently over 100 pending lawsuits being pursued. A study funded by the National Institutes of Health and the Agency for Healthcare Research and Quality suggests that children exposed to acetaminophen in the womb may have an increased risk for ADHD and autism spectrum disorder (ADS). Similar studies, like the one published in May 2021 in the European Journal of Epidemiology, suggested that the chances of a child developing autism or ADHD increase by around 20% when the mother uses acetaminophen-based drugs during pregnancy.

Upcoming multidistrict litigation discovery plan

The appointed special master, Randi S. Ellis, will use the gathered information to potentially find bellwether cases, which are trials with contexts and details that represent a large number of other similar cases.

In conjunction with this appointment, the Court entered a stipulated order outlining phase-one discovery, which aims to establish protocols for the identification and production of relevant documentary evidence necessary to support scientific evidence that explores or identifies the potential link between acetaminophen use during pregnancy and increased chances of ADS and ADHD in children.

Earlier in 2023, the multidistrict litigation (MDL) judge appointed in this case, Judge Denise Cote, made it easier for new plaintiffs to file lawsuits by approving the use of a Short Form Complaint, which allows them to reference the master complaint instead of making specific allegations. The ease with which new plaintiffs can now file Tylenol autism lawsuits will likely lead to large numbers of new lawsuits in the upcoming period.

Seek legal help

Different hands with pills

Thousands of parents across the country are coming to terms with the idea that a drug previously deemed safe during pregnancy may have caused significant harm to their sons and daughters by creating a condition that will require ongoing treatment and care during their lifetime. It’s important for these parents to know that they’re not alone and the injuries potentially caused to their children were neither a result of their actions nor a lack of care.

Although monetary compensation will do little to ease their suffering, it can help give their child the professional support they need to overcome these major challenges and send a message to larger companies that profit is not more important than the safety of children.

Parents of children who may have been affected by the mother taking acetaminophen-based drugs during pregnancy or while nursing should speak with a lawyer ready to provide support and seek justice for their children’s qualifying injuries.

Motion Filed To Consolidate Increase in Tylenol Autism/ADHD Lawsuits

CopyPress Inc. on March 9, 2023

Motion Filed To Consolidate Increase in Tylenol Autism/ADHD Lawsuits

Lawsuits from 20 parents covering the link between autism and the prenatal use of Tylenol or acetaminophen will likely consolidate into one Court. Plaintiffs claim their children developed autism or ADHD due to using the drug during pregnancy. The Tylenol autism lawsuits are against Johnson & Johnson — the company that first developed acetaminophen — and other brands that make generic versions of the product, such as Walmart, CVS, and Walgreens. All Plaintiffs feel that they were not provided warnings of the potential dangers of taking acetaminophen during pregnancy and are seeking compensation for a variety of relate issues.

Why Has a Motion Been Filed To Consolidate Tylenol Autism Lawsuits?

Bottle and carton box of tylenol pills

Recent research indicates that there is a 19% and 21% increase in the chance that a child may develop autism or ADHD, respectively, when prenatally exposed to acetaminophen. Because of this research, many experts and legal professionals anticipate the number of cases being filed against Johnson & Johnson and other companies that manufacture the drug will increase.

In an effort to provide a more prudent, efficient, and speedy pretrial process, consolidation of said cases is being sought in New York through the filing for an MDL where a judge could potentially hear many of the cases and establish rules for discovery, thresholds for evidence, and recoverable damages.

What Is the Risk of Autism or ADHD With Tylenol Use?

A National Institute of Health study states that the more exposure a pregnant mother has to Tylenol, the higher the risk there will be of the child developing autism or ADHD. Using umbilical cord blood from 996 babies, the study found that by the time the children reached about eight years old, 25.8% developed ADHD, 6.6% developed autism, and 4.2% were diagnosed with both. In this study, it was found that the longer a pregnant woman uses acetaminophen and the higher the dose, the more likely it is that the child will develop autism or ADHD.

This represents a significant increase in the occurrence of autism and ADHD in children over those who were not exposed to acetaminophen. These risks, combined with the failure of the manufacturers and distributors of acetaminophen to provide voluntary warnings even after they were aware of said risks may have unnecessarily exposed tens of thousands of children to an avoidable harm.

Who Can Qualify for a Tylenol Autism Lawsuit?

If a mother took acetaminophen during pregnancy or the postnatal period while nursing, and the child has developed autism or ADHD, she may qualify to pursue action against manufacturers of the drug. A child must be 17 years old or younger, and the mother has to have evidence that she took acetaminophen during pregnancy or while nursing.

This is possible through medical or pharmacy records, where a doctor may have instructed a pregnant patient to take Tylenol, or with receipts from purchasing one of hundreds of name and privately labeled acetaminophen products. This is especially true if mothers feel they weren’t properly informed of the risks associated with taking acetaminophen.

There have been no settlements yet for any Tylenol lawsuits. The studies linking Tylenol to autism and ADHD are also new, so it’s undetermined what the compensation might be for those seeking compensation for damages. Those who feel they qualify to join the Tylenol autism lawsuits should contact legal counsel to determine their eligibility.