The Trial Lawyer Winter 2022 | Page 90

LEGALBRIEFS
LEGALBRIEFS
By Top Class Actions
Target lawsuit claims acetaminophen use during pregnancy can cause neurodevelopmental disorders
Target didn ’ t let consumers know that taking its Up & Up brand acetaminophen while pregnant can cause neurodevelopmental disorders in children , a new lawsuit alleges .
Plaintiff Dedre Rudd filed the complaint against Target Corp . Nov . 9 in an Illinois federal court , alleging violations of state and federal consumer laws .
According to the lawsuit , Target failed to alert the public that its storebrand pain reliever is defective when ingested by pregnant women because it can cause their children to suffer from conditions such as autism spectrum disorder ( ASD ) and attention deficit hyperactivity disorder .
“ As a result , Plaintiffs have suffered permanent injuries and significant pain and suffering , emotional distress , lost wages and earning capacity , and diminished quality of life ,” Rudd alleges .
Rudd says she started taking acetaminophen multiple times per week during her pregnancy in 2018 . After her son was born , she started to have concerns about his development when he was in pre-kindergarten , in 2021 .
Her son started to repeatedly engage in “ flapping ,” where he would quickly move his arms for no reason , the lawsuit states . He would throw tantrums , exhibited difficulty concentrating and lacked the math , behavior , and self-help skills of children his age .
Rudd ’ s son was diagnosed with ASD
88 x The Trial Lawyer on or around February 2022 .
Target could have and should have paid attention to research that explained the neurodevelopmental risks associated with prenatal acetaminophen exposure , but instead “ failed and deliberately refused ” to investigate and safely market its product , Rudd alleges .
“ Had Plaintiff Mother known of the risk of taking [ the product ] while pregnant , specifically that it could cause ASD and ADHD in her child , she would not have taken the APAP Products ,” the lawsuit states .
Instead , Target continues to market its acetaminophen as a safe pain reliever for pregnant women , Rudd alleges . She is suing for breaches of warranty and consumer laws , and negligence , and seeks damages , fees , costs and a jury trial .
Meanwhile , CVS Pharmacy and Rite Aid fail to warn consumers about the dangers of prenatal exposure to acetaminophen , a new lawsuit alleges .
Meta class action claims Pixel tracking tool violates medical privacy of millions
Meta Platforms Inc . knew or should have known that hospital websites improperly used the Facebook Pixel tracking device , a class action lawsuit alleges .
A federal judge in California is considering a motion to block Meta from being able to intercept or disseminate confidential information it is accused of collecting with its Facebook Pixel , Law360 reports .
Consumers accuse Meta of using the Facebook Pixel to allow Facebook to
receive data such as when an individual registers as a patient , signs into a patient portal or sets an appointment , among other things .
Patients , who seek injunctive relief , argue that Meta violates millions of Americans ’ medical privacy through its alleged use of the Facebook Pixel , Law360 reports .
Meta responded to the request for a preliminary injunction by arguing it tells medical providers not to send it any sensitive data and that the Facebook Pixel simply allows website developers to gather analytical information about website visitors .
The company also told the judge that it requires companies that use the Facebook Pixel to post a notice on their website disclosing its presence and explaining how it works , Law360 reports .
Consumers filed a number of class action lawsuits this year against companies accused of breaking the law by allegedly sharing the personally identifiable information of their customers with Facebook without consent .
Crypto fraud complaints up in recent years , Consumer Financial Protection Board says
The Consumer Financial Protection Bureau ( CFPB ) revealed in a complaint bulletin last week that it received a growing number of consumer complaints concerning fraud and scams in the cryptocurrency industry .
The CFPB said crypto fraud and scam complaints have become a