BATON ROUGE – A mother is suing Walmart, claiming that the company's pain relief products fail to provide warning about the risks of using acetaminophen during pregnancy, which lead to her child being born with autism spectrum disorder and attention deficit hyperactivity disorder.
Plaintiff Rachel Delamain filed the lawsuit individually and on behalf of her minor child, W.B.D, in the U.S. District Court for the Middle District of Louisiana against Walmart, Inc, citing allegations of failure to warn, negligence, breach of express and implied warranty, and negligent misrepresentation.
According to court documents, the plaintiff claims that Walmart is responsible for the design, manufacture, marketing, and sale of over-the-counter pain medications that contain acetaminophen, commonly known as paracetamol, that it sells under its "Equate" in-store brand. According to the lawsuit, APAP has been extensively marketed as a safe over-the-counter pain relief drug for pregnant women, and more than 65% of pregnant women use it for pain relief during pregnancy. However, emerging research suggests that prenatal exposure to APAP can significantly increase the risk of neurodevelopmental disorders, including ASD and ADHD, according to the lawsuit.
Delamain alleges that despite the availability of scientific evidence demonstrating the link between prenatal APAP exposure and neurodevelopmental disorders, Walmart has allegedly concealed this information from consumers and continued to market APAP products as safe for pregnant women.
Delamain states that she began using APAP products purchased from Walmart during her pregnancy in 2017 to manage lower back pain. She used the products as recommended during her pregnancy, believing they were safe and without risk, as she had been told. However, there were no warnings on the APAP products' labels about the risks of prenatal APAP exposure leading to ASD and ADHD. She claims that had she been aware of this risk, she wouldn't have taken the products.
According to the lawsuit, the plaintiff's child was born on October 3, 2017. Concerns about the child's development arose when the child was two years old, showing signs of socialization and speech delays, which ultimately led to a diagnosis of ASD at three years old. The child was also diagnosed with ADHD. These diagnoses led to socialization and behavioral challenges for the child, causing significant stress for Delamain. Consequently, Delamain had to quit her job to care for her child's needs.
Delamain claims that Walmart's failure to provide warnings on its products about the potential risks associated with the use of APAP during pregnancy led to the development of ASD in W.B.D. The plaintiffs claim that they have suffered significant emotional distress, financial losses, and diminished quality of life as a result.
The plaintiff is seeking judgment for compensatory damages for permanent impairment, mental pain and suffering, loss of enjoyment of life, medical care costs, lost wages, interest, court costs and any other relief the court deems proper. She is represented in this case by attorneys James H. Colvin, Cole B. Smith, and J. Clayton Caraway of the law firm Colvin Smith McKay & Bays, based in Shreveport.
U.S. District Court for the Middle District of Louisiana case number 3:23-CV-01394