BENTONVILLE, Ark. (KNWA/KFTA) — A Missouri woman has filed a lawsuit against Walmart in federal court, alleging that the Bentonville-based retailer failed to warn about the dangers of prenatal exposure to Acetaminophen.
The suit was filed in the Western District of Missouri court by Alana Swindell on November 10.
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 Walmart has declined to warn pregnant women of these risks.Alana Swindell, individually and as mother and guardian of a minor, vs. Walmart, November 10
The lawsuit alleges that Acetaminophen was “unreasonably dangerous when ingested by pregnant women” and should not have been marketed to pregnant women and that Walmart “failed to warn consumers” about the increased risk to children exposed prenatally to Acetaminophen. The filing also alleges that Walmart’s wrongdoing caused permanent injuries and significant pain and suffering.
“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 attorney Julien Adams of Dovel & Luner.
“Plaintiffs brought this lawsuit to protect future consumers and bring justice to those who have been wronged,” he added.
The filing stated that the plaintiff “believed it was safe for her to take Acetaminophen during her pregnancy” and that she frequently took it multiple times per week to relieve her headaches. It adds that her child was diagnosed with ASD and ADHD when he was five years old.
The suit added that the boy’s mother “was unaware of the defects and dangers of the Acetaminophen products, and unaware that prenatal exposure increases the risk of brain and behavioral development of her child.”
It continued by stating that Walmart’s negligence was the cause of her son’s injuries. It also noted that the plaintiffs “have suffered permanent injuries and significant pain and suffering, emotional distress, lost wages and earning capacity, and diminished quality of life.”
The suit asked for compensatory damages, restitution, punitive damages and attorney’s fees. It also requested a jury trial.
KNWA/FOX24 asked Walmart to comment on the lawsuit and received the following response:
“Walmart does not manufacture these products. We expect suppliers to provide safe and quality products that comply with all applicable laws, including labeling requirements. We will respond in Court as appropriate.”