October 5, 2022

A go well with was filed on Wednesday within the Northern District of California Oakland Division by plaintiff Ingrid Moran (each individually and as guardian advert litem to M.B. and I.B., minors) in opposition to defendant CVS Pharmacy, Inc. The grievance alleges that CVS did not adequately warn the plaintiff in regards to the dangers related to prenatal publicity to paracetamol/acetaminophen (APAP).

It’s common for pregnant girls to make use of APAP as a technique to alleviate the ache they expertise with their being pregnant, together with complications, muscle ache, again ache, and extra, in keeping with the grievance. The plaintiff explains that APAP has “lengthy been marketed because the most secure, and the one acceptable, over-the-counter ache reduction drug available on the market for pregnant girls.” The plaintiff asserts that pregnant girls elect to make use of APAP as a result of CVS has marketed it as a secure ache reliever to make use of all through being pregnant.

Nonetheless, the plaintiff notes that scientific and epidemiological analysis has indicated that prenatal publicity to APAP can have an effect on fetal improvement and improve the chance of neurodevelopmental issues like autism spectrum dysfunction (ASD) and a focus deficit/hyperactivity dysfunction (ADHD). Current will increase within the diagnoses of ASD and ADHD, Moran argues, might be defined by prenatal APAP publicity.

CVS was engaged within the enterprise of producing and advertising and marketing APAP merchandise in america. The grievance claims that as a result of weight of the scientific proof surrounding APAP, ASD, and ADHD, the defendant “knew or ought to have identified that prenatal use of APAP could cause ASD or ADHD.” Moran contends that CVS hid this data in an effort to promote the product.

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When the plaintiff was pregnant, she took APAP as a result of she believed it will be secure for her to eat primarily based on the defendant’s APAP product labels, the grievance says. When each of her youngsters had been born, they started experiencing developmental delays and had been identified with ASD at younger ages; Moran explains that their diagnoses put an “unimaginable pressure” on their household, and that they expertise “substantial stress and nervousness.”

The grievance cites strict legal responsibility (failure to warn), negligence, breach of categorical guarantee, breach of implied guarantee, violation of client safety legal guidelines, and negligent misrepresentation. Plaintiff Moran is looking for compensatory damages, restitution, disgorgement, statutory penalties, punitive and enhanced damages, litigation charges, ascertainable financial damages, prejudgment curiosity, a trial by jury, and another reduction deemed correct by the courtroom.

The plaintiff is represented within the litigation by Walkup, Melodia, Kelly, and Schoenberger.