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Dovel & Luner Sues Wal-Mart for Failing to Warn About the Dangers of Prenatal Acetaminophen Use

Press Release

SANTA MONICA – On Thursday, Dovel & Luner filed a lawsuit against Wal-Mart Stores, Inc. on behalf of Alana Swindell and her child, for Wal-Mart’s failure to warn about the dangers of prenatal exposure to Acetaminophen.

Published scientific studies have demonstrated that prenatal exposure to Acetaminophen alters fetal development and significantly increases the risks of neurodevelopmental disorders.  The more Acetaminophen the mother takes, the greater the risk.  Significant prenatal exposure to Acetaminophen can cause children to be born with autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD).  But Wal-Mart has declined to warn pregnant women of these risks.

The lawsuit alleges that Acetaminophen was “unreasonably dangerous when ingested by pregnant women” and should not have been marketed to pregnant women, and that Wal-Mart “failed to warn consumers” about the increased risk to children exposed prenatally to Acetaminophen.  The lawsuit also alleges that Wal-Mart’s wrongdoing caused permanent injuries and significant pain and suffering to plaintiffs.

Filed in the United States District Court for the Western District of Missouri, the Complaint alleges that Wal-Mart violated state and federal consumer protection laws by selling and marketing products that did not contain adequate warnings or instructions concerning the dangerous characteristics of ingesting Acetaminophen during pregnancy.

The complaint states, “Defendant knew or, in the exercise of reasonable care, should have known of the hazards and dangers of Acetaminophen ingestion while pregnant and, specifically, the significantly increased risk of causing neurodevelopmental disorders in children exposed to Acetaminophen prenatally.”

“Defendant has concealed and failed to disclose to the public the serious risks and the potential complications associated with the product, so as to ensure continued and increased sales and profits and to the detriment of the public,” said Julien Adams of Dovel & Luner.  “Plaintiffs brought this lawsuit to protect future consumers and bring justice to those who have been wronged.”

Jenny Elliott

SOURCE Dovel & Luner, LLP
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