Tylenol Lawsuits Heating Up in Multiple Jurisdictions: Michigan’s Repeal of FDA Drug Immunity Likely to Lead to Numerous Mass Tort Filings in State Courts
For 30 years, Michigan insulated pharmaceutical companies from liability for FDA-approved medications. Because of this unique immunity provision, even the federal courts handling multi-district litigation excluded Michigan residents from most cases. This immunity provision was initially seen as a landmark tort reform protection designed to stimulate Michigan’s economy and bring medication manufacturers to Michigan. But opinions shifted over time as residents of the other 49 states recovered significant amounts in cases involving other FDA-approved drugs, while Michigan residents remained unable to pursue similar remedies.
In 2024, Michigan legislators repealed the immunity provision. Michigan courts may now see their first large volley of drug lawsuits, including cases against Johnson & Johnson, the makers of Tylenol. Johnson & Johnson is facing similar Tylenol-related lawsuits across the country.
The recent interest in Tylenol lawsuits is likely the result of high-ranking federal government officials having expressed opinions about a link between Tylenol and autism. The FDA then started the process of changing the label on Tylenol to warn users that use during pregnancy is associated with autism. The federal government’s focus on this has brought increased attention to Tylenol litigation.
Just this week, Texas Attorney General Warren Kenneth Paxton, Jr. filed a lawsuit against Johnson & Johnson, claiming that Tylenol hid data and evidence that connected it to autism. A flood of Tylenol lawsuits in Michigan could follow, as the deterrent that immunity previously offered is now gone and mass tort firms are ramping up their advertising.
Zausmer has decades of experience defending FDA-approved pharmaceutical cases. Whether locally in state circuit courts, or nationally in multidistrict litigation, our attorneys have a proven record of success and access to a vast network of nationally- and internationally-recognized experts. If you or your company is facing a pharmaceutical lawsuit, shareholders Cameron R. Getto and Nicole M. Wright can help.
For more than 20 years, Cameron Getto has litigated complex cases involving professional negligence, products liability, nursing homes, assisted living, pharmaceuticals, complex torts, employment issues, and commercial disputes, representing an array of clients that include individuals, professionals, non-profits, businesses, and corporations.
