Tylenol Autism Lawsuits: Current Status and Updates

Across the country, Tylenol autism lawsuits are being pursued, including a consolidated Tylenol Autism Multi-District Litigation (MDL) in federal court. However, the MDL’s future is uncertain, though potential government support could shift the landscape.

If you’re a parent considering a Tylenol lawsuit, Nguyen Injury Lawyer also advises exploring potential options for filing a toxic baby food lawsuit.

Update: The federal court cases have been dismissed but are under appeal. Review the updates below for information on your options moving forward and potential reasons for optimism based on recent developments.

Exploring Alternative Paths for Victims: Baby Food Lawsuits

Another avenue for compensation may exist for some families. Nguyen Injury Lawyer is investigating options in state courts and examining potential baby food lawsuits for children diagnosed with autism. These lawsuits have gained traction following setbacks in the Tylenol MDL.

Stay Informed: Tylenol Lawsuit Updates

Before delving into the details of the Tylenol autism litigation, it’s important to understand the current status of the Tylenol class action lawsuit.

Here are the latest updates in this litigation:

January 18, 2026 – New Study Finds No Link

A thorough review published in The Lancet found no association between acetaminophen use during pregnancy and autism, ADHD, or other neurodevelopmental disorders in children. After analyzing 43 high-quality studies using validated medical records and detailed exposure data, the researchers concluded that acetaminophen did not increase the risk of these outcomes. This study contradicts earlier claims, including those promoted by former Trump administration officials, suggesting a causal link between Tylenol and autism.

The review emphasized that the most robust studies considered genetic and environmental factors, though further research on familial influences is warranted. Experts noted that untreated maternal fever can pose developmental risks, and the American College of Obstetricians and Gynecologists continues to recommend acetaminophen as the primary treatment for pain and fever during pregnancy.

Nguyen Injury Lawyer understands that interpreting these studies can be challenging for parents, doctors, and legal professionals alike. While The Lancet review suggests no link between acetaminophen use during pregnancy and neurodevelopmental disorders, several limitations warrant cautious interpretation. First, the analysis relies on observational studies, which cannot definitively establish causation. Even with validated medical records, recall bias, exposure misclassification, and incomplete dosage or timing reporting could underestimate the risk.

Second, the review acknowledges that few studies included sibling or family comparisons, which are essential for isolating environmental exposures from underlying genetic risk. Without adequate controls for familial and genetic factors, subtle but significant causal effects cannot be ruled out.

Finally, while the review excluded lower-quality studies to prioritize high-standard data, this may have eliminated valuable real-world evidence of risk patterns, particularly in populations with high acetaminophen use or preexisting vulnerabilities. For plaintiffs pursuing claims of harm, these limitations support the argument that the science is not conclusive and that acetaminophen may still contribute to neurodevelopmental issues in individual cases.

November 29, 2025 – Leveraging Government Actions

Plaintiffs in the acetaminophen litigation have submitted a letter to the Second Circuit, urging the court to consider the federal government’s recent actions regarding acetaminophen and pregnancy. The filing highlights that the FDA and HHS relied on the work of Dr. Andrea Baccarelli, a Harvard public health dean and plaintiffs’ expert, when deciding to add a pregnancy warning and issue a nationwide “Dear Doctor” letter.

The plaintiffs argue that this should strongly weigh against excluding Dr. Baccarelli’s testimony under Rule 702, emphasizing that regulators accepted his conclusions and that top federal officials cited them as the basis for a major shift in health policy.

The letter frames the issue as a separation of powers question. The plaintiffs argue that if the executive branch has adopted Dr. Baccarelli’s findings to protect public health, courts should not prevent jurors from hearing the same evidence when evaluating claims of harm.

September 26, 2025 – Oral Arguments Postponed

Oral arguments have been rescheduled from October 6 to November 17 to allow all parties to thoroughly review the Trump administration’s new developments.

In related news, discussions about a Tylenol warning for pregnant women have resurfaced.

September 25, 2025 – Old Tylenol Tweet Resurfaces

U.S. Health and Human Services resurfaced a 2017 social media post that appeared to be from Tylenol’s account, advising against using its products during pregnancy.

September 22, 2025 – Trump Links Acetaminophen to Autism

According to a Washington Post report, the Trump administration plans to publicly link acetaminophen, the active ingredient in Tylenol, to autism and advise pregnant women to avoid its use unless they have a fever.

President Trump announced a major press conference on autism, claiming his administration had “found an answer.”

The implications for the Tylenol lawsuits and the appeal in the 2nd Circuit remain unclear.

September 10, 2025 – 2nd Circuit Arguments Scheduled

The U.S. Court of Appeals for the Second Circuit is set to hear oral arguments on October 6 in lawsuits alleging that Tylenol use during pregnancy may increase the risk of autism in children.

These cases are part of the broader Tylenol MDL, which consolidates hundreds of claims alleging that acetaminophen can disrupt fetal development when used by expectant mothers.

The appellate court’s review is considered critical, as it will address key scientific and evidentiary issues that will determine whether these claims proceed in federal court or are dismissed.

September 8, 2025 – Tylenol Report Expected Soon

The federal government has not yet begun drafting its long-awaited autism report, but FDA Commissioner Marty Makary stated that it will be released within a month.

As previously discussed, the report is expected to explore potential causes of autism, although Makary downplayed speculation that Tylenol use during pregnancy will be a central focus.

September 5, 2025 – RFK Jr. Report on Tylenol Anticipated

Kenvue stock dropped more than 10% on Friday following reports that Health and Human Services Secretary Robert F. Kennedy Jr. will soon release a report linking Tylenol use during pregnancy to autism.

The Wall Street Journal reported that the HHS review, expected this month, will raise concerns about acetaminophen (Tylenol’s active ingredient) and suggest that a folate-derived medicine may help treat some autism symptoms.

Could this revive the Tylenol autism litigation? It’s possible.

August 26, 2025 – New Study Offers Hope

While awaiting the appeal in the MDL, this litigation has remained relatively quiet, as evidenced by the lack of updates. A new study could potentially reignite momentum in this litigation.

A study from the Icahn School of Medicine at Mt. Sinai provides new insights into a series of cases that many had previously dismissed. By reviewing 46 studies on prenatal acetaminophen exposure, the researchers found that a majority indicated an increased risk of autism, ADHD, or related neurodevelopmental issues.

Notably, studies with stronger methodologies were more likely to show a link. Combined with evidence that acetaminophen can cross the placental barrier and disrupt neurological development, the scientific foundation behind these claims appears stronger than it did when the federal MDL judge dismissed the plaintiffs’ expert testimony.

That ruling effectively halted the Tylenol autism litigation in its tracks. However, the underlying question of whether the product poses risks to children when taken during pregnancy remains. This study brings it back into focus. While it may not reopen the MDL, it could provide future plaintiffs with a more disciplined, evidence-driven basis for pursuing claims in other forums.

Courts in states with more permissive standards for admitting expert testimony may view this new research as a reason to reevaluate their approach. If the FDA responds by tightening label warnings, it could shift the entire conversation about what manufacturers should have disclosed and when. While these developments do not guarantee a revival of the Tylenol litigation, they suggest that the matter may not be fully closed.

Whether the litigation picks up again will depend on how willing courts are to reconsider the current state of evidence, not just its state when the initial wave of cases was dismissed.

February 22, 2025 – Biomarker Study Suggests ADHD Link

A study published in Nature Mental Health introduced new concerns about acetaminophen during pregnancy. Researchers tested prenatal acetaminophen biomarkers in blood samples from 307 mothers in their second trimester. Children of exposed mothers were more than three times as likely to develop ADHD, with 18 percent affected versus 9 percent in the unexposed group. The association was particularly pronounced among girls, who were six times more likely to develop ADHD. The investigators called for a reevaluation of safety guidelines for acetaminophen in pregnancy.

January 3, 2025 – Oral Arguments Heard

The U.S. Court of Appeals for the Second Circuit convened oral argument last month, allowing both sides to present their case as the appeal challenges the district court’s exclusion of plaintiffs’ experts and dismissal of the MDL.

September 29, 2024 – Plaintiffs Appeal the MDL Ruling

In their appellate brief, plaintiffs argue that Judge Cote overstepped by taking on the jury’s role of weighing evidence and, in effect, deciding a complex scientific debate herself by picking a side.

Specifically, the plaintiffs contend that the district court’s 2023 decision to exclude all five of their general causation experts under Rule 702(d) demonstrates a fundamental misapplication of the Daubert standard, turning the court from gatekeeper into scientific arbiter. Their brief argues that Judge Cote applied unsubstantiated and novel methodological standards to exclude Drs. Andrea Baccarelli, Eric Hollander, Brandon Pearson, and others—each of whom is a distinguished expert in fields such as epidemiology, psychiatry, and pharmacology.

At the heart of the plaintiffs’ argument is the claim that Judge Cote disregarded established scientific norms and peer-reviewed literature that support their causation theories. For example, Dr. Andrea Baccarelli, the Dean of Harvard’s T.H. Chan School of Public Health, applied the Bradford Hill criteria to evaluate whether prenatal exposure to acetaminophen can cause ASD and ADHD. The district court rejected his testimony on the grounds that he applied the criteria “transdiagnostically”—an approach the court suggested was scientifically improper. Yet, as noted in the plaintiffs’ brief, numerous peer-reviewed studies have employed the Bradford Hill factors for multiple related conditions, including those in question.

For further information or to discuss your potential case, please contact Nguyen Injury Lawyer at XXX-XXX-XXXX or visit our website at https://www.nguyeninjurylawyer.com. You can also reach us through our contact page: https://www.nguyeninjurylawyer.com/contact.

Developments in the Tylenol Litigation

The fundamental issue is whether Judge Cote acted as a gatekeeper, preventing unreliable expert testimony, or as a de facto scientist determining scientific disputes among qualified experts. The judge’s ruling seemed to focus on the public policy implications of warning against acetaminophen use during pregnancy, rather than the reliable application of scientific methods. The opinion repeatedly mentioned the potential “public health significance” of the litigation, stressing that “resolution of this MDL…has profound consequences for the health and safety of pregnant women.” Nguyen Injury Lawyer believes such considerations exceed the scope of Daubert and suggest a judicial preference for policy outcomes over evidentiary principles.

The Second Circuit’s ruling is expected in early 2025.

September 4, 2024 – Where Does Tylenol Litigation Go from Here?

The key question now is the future of the Tylenol litigation. In the Zantac litigation, the lawsuits were dismissed in the MDL, but plaintiffs are now experiencing more success outside the MDL. They are moving cases past the pretrial stages and getting some claims to trial, though without success so far.

Of course, an appeal of Judge Cote’s ruling is pending. Some anticipated that plaintiffs’ lawyers would follow the path taken in the Zantac cases, shifting their focus to state court filings. However, there is no apparent rush to file Tylenol autism claims in state court.

Nevertheless, some state court cases filed before Judge Cote’s ruling remain active. These include:

• Bartle Case (St. Clair County, Illinois): Johnson & Johnson’s motion to dismiss based on preemption is under advisement, with a status hearing scheduled for September 30, 2024.
• Cooksey Case (Madison County, Illinois): Defendants have filed motions to dismiss the plaintiff’s First Amended Complaint, which are fully briefed and scheduled for consideration on October 30, 2024.
• Davey Case (Alameda County, California): A trial date has been set for April 11, 2025, and discovery is ongoing.
• Fennewald Case (Cook County, Illinois): Defendants’ motions to dismiss are pending, with a hearing set for October 3, 2024.
• Bellmon Case (St. Clair County, Illinois): Defendants filed motions to dismiss on June 27, 2024, and the parties are currently briefing that motion.

August 22, 2024 – Judge Cote Ends Federal Litigation

Judge Cote granted summary judgment yesterday, effectively ending the litigation in federal court unless the plaintiffs succeed on appeal.

July 15, 2024 – Optimism Not Warranted

A previous post expressed optimism that Judge Cote would allow Dr. Ness to testify for the plaintiffs. This optimism was misplaced. Judge Cote ruled the causation opinion of the plaintiffs’ expert, Roberta Ness, unreliable and inadmissible. Despite Ness’s expertise in epidemiology and women’s health, her lack of experience in psychiatry, toxicology, and neurology, combined with methodological weaknesses and her acknowledgement of genetic factors as potential confounders, undermined her credibility.

Judge Cote emphasized the importance of a recent NIH study, which found no significant link between acetaminophen and ADHD after accounting for genetic variables through sibling studies. She criticized Ness for ignoring this and other contrary evidence, accusing her of selective reasoning.

The defendants will now seek summary judgment, and it will likely be granted.

June 6, 2024 – New Optimism for MDL

To recap, the court rejected all the plaintiffs’ experts in this litigation last year, citing several methodological flaws in their analyses. These flaws included combining ASD and ADHD in their evaluations, relying on studies examining symptoms rather than confirmed diagnoses, inadequately addressing genetic confounding factors, ignoring opposing organizational opinions, improperly analyzing dose-response relationships due to a lack of precise dosage information, and asserting biological plausibility based on hypothetical mechanisms of action.

Plaintiffs, with a new, highly qualified expert, Dr. Roberta Ness, returned to court to address these concerns. Dr. Ness addressed each issue in her analysis, focusing solely on ADHD, emphasizing valid causal inferences based on diagnostic studies, thoroughly analyzing and dismissing genetic confounding, and explaining why organizations with opposing views are incorrect. She also addressed the dose-response relationship and biological plausibility, citing peer-reviewed literature in support of her methodology.

Of course, the defense lawyers challenged the admissibility of Dr. Ness’s testimony. However, their argument is much weaker this time.

We await the Daubert hearing with interest. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX for a free consultation.

May 28, 2024 – Dr. Ness Is Plaintiffs’ Last MDL Stand

The Tylenol MDL’s chances of survival, absent a successful appeal, hinge on Judge Cote accepting Dr. Roberta Ness’ opinion.

Dr. Ness has been deposed. She expressed her belief that acetaminophen could cause autism and ADHD, a conclusion she reached after conducting a thorough analysis using the Bradford Hill criteria. Dr. Ness clarified that she had not performed a separate Bradford Hill analysis specifically for autism but had done so for ADHD and neurodevelopmental disorders in general.

What is Bradford Hill? The Bradford Hill criteria are a set of nine principles that help determine a causal relationship between a presumed cause and an observed effect in epidemiology. These criteria include strength, consistency, specificity, temporality, biological gradient, plausibility, coherence, experiment, and analogy. They are crucial in a Daubert challenge because they provide a scientifically accepted framework for evaluating the reliability and relevance of expert testimony regarding causation, ensuring that the testimony is based on sound scientific principles.

Dr. Ness emphasized that her opinion was based on the literature she had reviewed, which showed a strong and consistent link between acetaminophen and ADHD. Despite being compensated for her work by plaintiffs’ lawyers, Dr. Ness stated that her primary role was to ensure the scientific accuracy of the information presented on the Autism Justice website and to inform the public.

Nguyen Injury Lawyer finds this part important: her analysis and notes on scientific studies were conducted before being retained as a testifying expert and included both ADHD and autism studies. She did go back and do a ADHD-specific Bradford Hill analysis after Judge Cote’s Daubert ruling. But that makes sense. This is significant in a Daubert challenge because it underscores the rigor and timing of her scientific analysis, which must meet standards of reliability and relevance for admissibility in court.

Dr. Ness also addressed concerns about the consistency of the data presented, indicating that some studies cited were related to ADHD rather than autism but justified this by explaining the overlap between the two disorders. This overlap and the failure of plaintiff’s experts to distinguish between the two was a significant issue for Judge Cote when she rejected plaintiffs’ first round of experts.

The defense lawyer scored a few points, but not related to the core issues for Daubert. She is an epidemiologist who has not treated patients or written prescriptions for ADHD medications and has not focused her professional research specifically on ADHD. One certainly doesn’t need to treat patients or focus their life on ADHD to offer testimony on the topic. She also admitted, for example, to working with a public relations firm to help craft her messages for public interviews. There is nothing wrong with this, but it is not a great look for a scientist. Still, this is not a big deal and is totally unrelated to the Daubert matter at hand.

Overall, this deposition seemed to go well. Judge Cote gave a roadmap of what she needed to see to get an expert passed Daubert, and Dr. Ness appears to have cleared those hurdles. It will be interesting to get Judge Cote’s take at the Daubert hearing. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX for a free consultation.

March 18, 2024 – One More MDL Shot

Following the Daubert ruling, the plaintiffs introduced a new expert. They were allowed to do this for the reasons articulated below. The deadline for the Defendants to file a motion to exclude this new expert is set for July. A determination on the new expert’s eligibility is expected shortly after, likely in the late summer or early fall of this year.

Nguyen Injury Lawyer is no longer taking new Tylenol cases but is awaiting further developments. We are reviewing baby food autism lawsuits for children 6 and under as we discussed above. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX for a free consultation.

February 17, 2024 – Another Shot at the MDL?

This at least makes the case interesting. Judge Cote expressed an openness to considering a new expert witness who links ADHD to Tylenol. The judge instructed both parties to outline a briefing schedule to assess the admissibility of the expert’s opinion.

The defendants had sought to dismiss the proposed expert, Dr. Roberta Ness – who has a resume as long as your arm – criticizing her analysis as flawed, similar to previously excluded expert witnesses Judge Cote struck down last year. However, new plaintiffs to the MDL argue that they should not be restricted by prior rulings made before their involvement. Nguyen Injury Lawyer discussed this in the February 3rd update. We were not confident this argument would succeed. But Judge Cote is willing to hear Dr. Ness out.

Both sides have until February 23 to propose how to proceed with evaluating Ness’s report under the guidelines for expert testimony.

It could just be the judge allowing plaintiffs to be heard when she knows full well she just does not buy the science. But there is some hope here. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX for a free consultation.

February 3, 2024 – Still More Battles as the MDL Closes Out

A group of twelve parents and children, alleging that prenatal exposure to acetaminophen led to ADHD, are challenging the decision that disqualified all expert witnesses intended to support plaintiffs in comparable cases. This motion argues that the group has the right to present their case with their own experts, having filed their complaints in the multidistrict litigation subsequent to a decisive December 18 ruling that negated the expert testimony proposed by other families.

This prior ruling significantly impacted numerous plaintiffs, leaving them without credible evidence to link Tylenol or similar products containing acetaminophen to autism or ADHD, prompting a directive from U.S. District Judge Denise Cote to justify the continuation of their cases.

This claim is bolstered by a precedent from the 3rd Circuit regarding expert testimony in multidistrict litigation (MDL), emphasizing their right to have their cases assessed on individual merit. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX for a free consultation.

January 18, 2024 – Plaintiffs Face Dismissal

By February 1, plaintiffs in the MDL must provide a valid reason why the court shouldn’t dismiss their cases where the Short Form Complaint (SFC) was issued on or before January 11, 2024. (Plaintiffs’ lawyers had argued the date should be June 16, 2023.) This applies to the 501 plaintiffs who filed suit in the MDL. This does not impact the hundreds of thousands of plaintiffs who may have hired a lawyer but sat on the sidelines in the MDL. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX for a free consultation.

January 15, 2024 – Other Paths to Compensation for Victims

The 501 plaintiffs in the MDL will appeal Judge Cote’s ruling. Other plaintiffs will look to state court options. There is much discussion among plaintiffs’ lawyers as to how to pursue this litigation in state court – and where suits should be brought. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX for a free consultation.

January 8, 2024 – Conference This Week

Contact Nguyen Injury Lawyer through our contact page at https://www.nguyeninjurylawyer.com/contact or call us at XXX-XXX-XXXX for a free consultation.

Tylenol Autism Lawsuit Updates

Judge Cote has instructed both parties to convene, deliberate, and jointly submit a letter to the court by January 12th. This letter should outline their proposed course of action following her recent ruling.

Realistically, the only remaining option in the MDL is to appeal the ruling, making this meeting largely procedural.

January 1, 2024 – Analysis of Judge Cote’s Ruling

For a comprehensive explanation and analysis of Judge Cote’s recent decision, please see:

Judge Pulls Plug on Tylenol Autism Lawsuits

December 19, 2023 – Tylenol Ruling and Baby Food Autism Lawsuits

As it stands, the federal MDL is effectively concluded. Judge Cote’s ruling against the plaintiffs in the Daubert hearing is a significant setback. In her 148-page decision, which was likely drafted before the Daubert hearings, Judge Cote determined that the plaintiffs’ scientific experts failed to establish credible links between Tylenol and conditions like autism, attention-deficit issues, or hyperactivity, rendering the claims legally unsustainable. She concluded that the experts did not reliably apply scientific methods to ascertain causal relationships between the medication and these conditions. Nguyen Injury Lawyer will provide a detailed breakdown of this ruling in a future post. However, it is undeniably unfavorable news.

Nguyen Injury Lawyer has been transparent about the anticipated direction of the Tylenol MDL following the Daubert hearing. If your child is under seven years old and consumed baby food from manufacturers commonly implicated in baby food autism lawsuits, your family might have a potential claim in that litigation. If you wish to explore this possibility, please contact us online to discuss your situation.

However, the conclusion of the federal MDL does not eliminate all options in the Tylenol litigation. Our attorneys anticipate a significant number of cases will be filed in state courts in Pennsylvania, New Jersey, and California. While this outcome was foreseen as a possibility, and this ruling represents one judge’s perspective, a protracted legal battle remains. Nevertheless, it is important to acknowledge that this ruling is a substantial blow to these cases.

December 8, 2023 – Reaction to Daubert Hearing

Kenvue Inc., the consumer health division that separated from Johnson & Johnson earlier in the year, saw its stock value increase by 10% following a Daubert hearing related to the class action lawsuit. This increase is largely attributed to the perception that the hearing’s outcome was favorable for the defense.

December 7, 2023 – Daubert Hearing Today

Nguyen Injury Lawyer has remained optimistic regarding the Daubert hearing. We also recognize that many individuals visit this site to stay informed about these cases. Therefore, we believe it is our responsibility to share our knowledge and opinions.

Nguyen Injury Lawyer did not attend today’s Daubert hearing in New York. However, based on our sources, there is diminished optimism regarding the plaintiffs’ prospects following today’s proceedings. The hearing did not proceed as favorably as initially anticipated.

Ultimately, this is all speculation regarding the decision of a single judge, and judges do not always reveal their intentions. Therefore, the outcome remains uncertain. However, has our enthusiasm for these cases in federal court decreased compared to this morning? Yes.

Nguyen Injury Lawyer is opening the previously restricted comments section below to facilitate questions or comments from plaintiffs.

December 4, 2023 – Settlement Conference Set

A settlement scheduling telephone conference is scheduled for the Tylenol lawsuit on Thursday, January 4, 2024.

The significance of this conference is unclear. While it could be interpreted as a positive sign, any interpretation remains speculative.

December 1, 2023

Everyone is awaiting next Friday’s hearing. The ruling will be the most impactful event in this litigation.

November 17, 2023 – 58 New Cases Added to MDL

Fifty-eight new cases have been added to the Tylenol autism class action MDL in the past month, bringing the total number of pending cases to 441. If Judge Cote denies the defendants’ Daubert challenges, the number of pending cases in the MDL is expected to increase substantially.

November 11, 2023 – Daubert Hearing December 7th

Our hope that the judge would simply deny the Daubert challenges without a hearing has been dashed. A Daubert hearing is scheduled for December 7, 2023, but it will proceed without witnesses.

Interpreting the implications of a Daubert hearing without expert witness testimony is challenging. However, there remains reason for optimism.

For further information, please see our recent video:

Tylenol Autism Lawsuits – Nov 2023 Update

November 8, 2023 – Tylenol Autism Cases in State Court

There are also some acetaminophen lawsuits in state court that are receiving limited attention. One case in Madison County, Illinois, is progressing, albeit at a slower pace compared to Judge Cote’s court.

A timeline has been established for the parties to present their arguments regarding the Defendants’ requests for dismissal. The Plaintiff is required to submit a response by December 12, 2023, while the Defendants are scheduled to provide any reply brief by January 12, 2024. A hearing date will be determined sometime in early 2024, but the specific date is yet to be decided.

In the unlikely event that plaintiffs do not prevail on the Daubert challenge in federal court, the focus of Tylenol lawsuits will likely shift rapidly from federal court to state court. We hope that this does not occur.

November 3, 2023 – Judge May Give Plaintiffs Quick Win on Daubert

The Daubert matter has been thoroughly prepared, with all required briefs submitted. Should a hearing be scheduled, it would occur during the week of December 5, 2023. The hope is that Judge Cote rules in our favor based on the written submissions alone, as they are compelling. If a hearing is held, it is anticipated to be brief, with Judge Cote focusing on specific inquiries.

November 1, 2023 – All Daubert Briefs are Now Filed

All Daubert briefs have been submitted to Judge Cote regarding the critical issue of which scientific expert testimony will be admissible. Both sides submitted reply memorandums last week in support of their motions to exclude specific expert witnesses presented by the opposing side. The reply memos address arguments made by the opposing side in response to the initial motions to exclude. Separate briefs have been submitted for each individual expert witness, involving three rounds of briefing. Including supporting exhibits, the briefs total several thousand pages. Next, Judge Cote will hold hearings to consider arguments on the motions and potentially hear directly from some of the experts.

October 17, 2023 – Over 100 New Cases Added to MDL

There are currently 382 pending cases in the Tylenol autism MDL. During the first year after the MDL’s creation, the volume of new cases was low, typically under 20 per month. However, this has changed recently, with monthly new case volumes steadily increasing. Over the past month, 111 new cases have been added.

October 9, 2023 – Parties Submit Proposals for Daubert Hearings

In preparation for the upcoming Daubert hearings, Judge Cote requested that both sides submit proposals outlining how the hearings should be conducted logistically. These proposals were submitted last week. The defendants are advocating for a comprehensive week-long hearing to allow them additional time to challenge the scientific evidence. Conversely, the plaintiffs are pushing for a much shorter process, suggesting that Judge Cote narrow the scope of the hearings by identifying in advance which experts she needs to hear from.

October 5, 2023 – Objection to Supplement Expert Reports

In response to the Plaintiffs’ notification of their intent to submit supplemental expert reports for two of their experts, the defendants have objected. They argue that any supplement including this new study is untimely and violates Rule 26 because it was available in a pre-print version, which differs from publication in a journal.

This objection appears overly meticulous, suggesting that either the defendants are genuinely concerned about this article or they are reflexively oppositional, or both.

October 4, 2023 – New Study

A new study from last month examined the effects of acetaminophen (paracetamol) consumption by pregnant women. The study found that when pregnant women take Tylenol, it may impact their baby’s brain development.

Scientists aimed to understand the underlying mechanisms. They used specialized cells in a laboratory that mimic the early stages of a human brain. These cells were exposed to paracetamol in amounts comparable to those used by pregnant women.

The study suggests that acetaminophen may affect the genes of the unborn. Genes act as instructions that regulate crucial brain functions, such as communication between brain cells and cell specialization. Notably, some of these genes are also associated with brain injuries and brain development. These findings align with genes found in blood samples from babies exposed to acetaminophen before birth.

This study will undoubtedly be discussed during the Daubert hearings this month. Plaintiffs’ experts are incorporating it into their expert reports.

October 2, 2023 – Revisions to Plaintiff Fact Sheets

In a joint letter filed this morning, the parties informed Judge Cote that they have completed revisions to the Plaintiff Fact Sheets. Revisions have also been made to the health records authorization forms required from new incoming plaintiffs. These changes aim to address logistical challenges and streamline the information gathering process for new plaintiffs.

September 23, 2023 – Experts to Exclude Defense Experts

Plaintiffs’ lawyers have moved to exclude defendants’ experts for various reasons in advance of the Daubert hearing.

September 22, 2023 – Plaintiff’s Experts

The following are the five general causation experts for plaintiffs in the Tylenol MDL:

• Dr. Andrea Baccarelli, MD, PhD, is a leading expert in environmental health science and Chair of the Department of Environmental Health Sciences at Columbia University. His research focuses on the chemical and molecular links between human disease and exposure to certain drugs or chemicals. Dr. Baccarelli has published over 600 articles and is an elected member of the National Academy of Medicine and President of the International Society of Environmental Epidemiology.
• Dr. Robert Cabrera, Ph.D., is an Associate Professor at Baylor College of Medicine. Dr. Cabrera is a molecular & cellular biologist whose expertise and research focus on chemical causes of birth defects during embryonic development.
• Dr. Eric Hollander, MD, is a Professor of Psychiatry and Behavioral Sciences at the Albert Einstein College of Medicine. Dr. Hollander has been the primary investigator in numerous federal grant studies on the causes of autism, including major studies funded by the Food and Drug Administration and the National Institutes of Health. Dr. Hollander has published hundreds of scientific articles on autism and edited over 20 medical textbooks, including Autism Spectrum Disorders (American Psychiatric Publishing, 2017) and the Textbook of Autism Spectrum Disorders (American Psychiatric Publishing, 2011).
• Dr. Stan G. Louie is a Professor of Clinical Pharmacy at the University of Southern California. Dr. Louie’s current research and work focuses on the testing and development of new drugs for inflammatory diseases, cancer, and neurodegenerative diseases.
• Dr. Brandon Pearson, PhD, is a neuroscientist and toxicologist and currently an Assistant Professor of Environmental Health Sciences at Columbia University. Dr. Pearson is an expert in neurotoxicology, epigenetics, and cell biology and is involved in laboratory studies focusing on genetic and environmental factors causing autism. Dr. Pearson has never previously testified as a litigation expert but felt morally obligated to provide his expertise in this case.

These experts are undoubtedly highly qualified.

September 18, 2023 – MDL Doubles in Size Over Summer

Tylenol Autism Litigation: Recent Developments

In June, the Tylenol autism class action MDL had 136 pending cases. Currently, that number has risen to 265, indicating that the MDL has almost doubled in size over the summer. However, this figure may be misleading, as over 100,000 Tylenol claims are awaiting Judge Cote’s decision on whether to proceed before lawsuits are officially filed.

September 12, 2023 – Hearing Request Denied

Following the FDA’s statement, the defendants requested a status conference with the court at 9:11 a.m., likely with the intention of arguing for the case’s dismissal based on the FDA’s stance of no causation. This strategy could be viewed as a preemptive move by Tylenol’s defense lawyers. However, the notion that the FDA’s choice not to submit a statement of interest validates their position is questionable. By 11:05 a.m., Judge Cote denied the request and reaffirmed the existing deadlines for Daubert and other proceedings.

September 8, 2023 – FDA Decision

The FDA’s statement included the following:

“The United States respectfully declines the Court’s invitation to submit a statement of interest in this matter,” while referencing the FDA’s latest review of the epi, which concluded, “…the limitations and inconsistent findings of current observational studies of [acetaminophen] and neurobehavioral and urogenital outcomes are unable to support a determination of causality.”

The letter concluded with a statement indicating a reluctance to become involved in drug litigation, noting that “Although, as a general matter, FDA does not engage in third-party litigation of this kind, FDA monitors the safety of drug products and has several administrative channels through which new information relevant to the safety or effectiveness of OTC acetaminophen products may be submitted.”

Nguyen Injury Lawyer views this as a significant win for the plaintiffs.

September 1, 2023 – FDA Decision

In April, Judge Cote requested the FDA’s input on the warning issue at the core of the Tylenol autism class action lawsuits. This request aimed to gather the FDA’s assessment of whether the plaintiffs’ suggested warning should be included on acetaminophen labels. The court also sought the FDA’s opinion on whether current scientific evidence justifies these warnings or advice concerning the risk of autism or ADHD for pregnant women. The question is whether manufacturers should have informed women about the potential risks to their unborn children.

The FDA, through its lawyer, the U.S. Attorney for the Southern District of New York, requested more time. The deadline was then set for September 15, 2023. The FDA’s report to Judge Cote could be crucial as the Daubert motions approach. Nguyen Injury Lawyer remains confident in the strength of the scientific basis for these lawsuits.

August 24, 2023 – Tylenol Class Action Update This Fall

Currently, the Tylenol litigation involves numerous depositions of experts and other witnesses regarding the question of general causation – whether Tylenol can cause ADHD and autism.

Plaintiffs’ attorneys are optimistic about the progress of these depositions, believing that (1) Judge Cote will rule favorably on Daubert due to the strength of the science and (2) even if she does not, these claims remain strong and viable in state court.

If the Daubert hearings are successful in the fall, it is unlikely that Johnson & Johnson and the other defendants would be willing to proceed to trial, as the average successful verdict in these cases could easily reach millions of dollars.

August 21, 2023 – Judge Allows Consolidated Daubert Briefs

Judge Cote has agreed to allow the defendants to submit a consolidated brief on the Daubert challenges to the admissibility of the scientific expert evidence presented by the plaintiffs. The plaintiffs had requested that Judge Cote deny this request, arguing that separate briefs for each individual expert were necessary to ensure a fair outcome.

The future of the Tylenol autism class action hinges on the outcome of the Daubert challenges. If Judge Cote rules that the plaintiff’s causation evidence is not admissible in court, all pending cases may be dismissed.

August 14, 2023 – Negligent Misrepresentation Claims Barred in Some States

In a joint letter to Judge Cote, the defendants and plaintiffs in the Tylenol autism MDL agreed that plaintiffs in certain states cannot pursue negligent misrepresentation claims based on omissions. These states include Arkansas, California, Colorado, Idaho, Indiana, Kentucky, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, South Dakota, Tennessee, Texas, and Wyoming. This is unlikely to significantly impact the ultimate outcome of the cases.

August 4, 2023 – Daubert Motions

The outcome of the MDL largely depends on Judge Cote’s ruling on Daubert motions. While options in state court may exist if Judge Cote rules against the plaintiffs, her decision carries significant weight.

The parties’ Daubert motions are due on September 19, 2023. Along with these motions, both plaintiffs and defendants must submit a letter to the judge that includes (1) their recommendation regarding the sequence in which the Court should handle any motions by the defendants to exclude an expert report from the plaintiffs’ experts; and (2) their argument regarding which of the motions pertaining to the parties’ expert reports should be considered together, based on their overlapping subject matter.

August 1, 2023 – FDA Will Weigh in on Tylenol Warning Labels

In April, Judge Cote requested the federal government to submit a statement of interest providing the FDA’s opinion on new Tylenol warning labels proposed by the plaintiffs. The government is expected to submit an opinion.

Judge Cote recently granted the government’s request to extend the deadline for submitting a statement of interest, allowing the parties to review the statement before submitting their initial Daubert motions, which are due on September 19, 2023.

July 18, 2023 – 64 New Cases Added to MDL Last Month

In the past month, 64 new cases were added to the Tylenol autism class action MDL in the Southern District of New York, representing the highest volume of new filings since the MDL’s creation. The MDL now includes 200 Tylenol pregnancy lawsuits, with a substantial number of potential plaintiffs awaiting evidentiary rulings in the MDL later this year before filing.

July 10, 2023 – Why So Few Lawsuits in the MDL?

A Connecticut mother recently filed a lawsuit in the MDL, which was the only Tylenol lawsuit filed in the MDL that week.

Although the Tylenol autism cases in federal courts were consolidated into a class action MDL over six months ago, there were fewer than 150 Tylenol autism lawsuits (or ADHD) pending in the MDL as of this week. Nguyen Injury Lawyer understands that over 100,000 plaintiffs have retained legal counsel.

The MDL’s relatively small size is attributed to thousands of prospective plaintiffs awaiting the outcome of the Daubert challenges before filing their cases. This allows them to file in state court if the MDL is terminated due to the judge dismissing the scientific evidence linking Tylenol to autism. If the judge rules the scientific evidence admissible, a surge of Tylenol autism lawsuit sign-ups in the MDL is anticipated.

While some lawsuits will continue to be filed due to statute of limitations concerns or client preferences, the majority of claims remain on hold, awaiting Judge Cote’s decision.

July 1, 2023 – State Court Acetaminophen Lawsuits

Given the numerous defendants involved, several Tylenol lawsuits are also being pursued in state court. One example is a recently filed case in Illinois, where a mother filed an acetaminophen lawsuit on behalf of her daughter against Walgreen Co., an Illinois-based corporation. Due to the plaintiffs also being Illinois residents, there is no diversity jurisdiction, preventing the plaintiffs from filing their lawsuit in the MDL class action.

June 5, 2023 – Plaintiff Pushes Back on J&J’s Request for Immediate Appeal

Johnson & Johnson has sought an immediate appeal of the court’s preemption and causation orders. The plaintiffs filed a motion last week opposing an immediate appeal.

Why is this relevant to families who have filed or intend to file a Tylenol autism lawsuit? An immediate appeal could halt the litigation for up to a year. Plaintiffs’ attorneys argue that an immediate appeal is a rare exception that does not apply in this case, and the court will soon address the causation issue at a Daubert hearing later this year.

May 22, 2023 – Problem with Texas Tylenol Lawsuits – No Problem with California Claims

Last week, the MDL Judge granted a motion to dismiss a Tylenol autism case filed by CVS and other retail defendants based on a Texas “safe harbor” law. The Texas statute in question (Tex. Civ. Prac. & Rem. Code Ann. § 82.007(a)) stipulates that retailers of over-the-counter drugs like Tylenol cannot be held liable for failure to warn if their warning labels complied with FDA-approved product labeling and information (the “monographs”). This could lead to the dismissal of all Tylenol autism claims governed by Texas law. (Nguyen Injury Lawyer is no longer accepting Texas Tylenol lawsuits.) In the same opinion, Judge Cote denied the dismissal of another case based on a similar safe harbor statute in California.

May 17, 2023 – Target & Walmart Lose Preemption Motion

Retailers Target Corp. and Walmart Inc. will be required to defend themselves against a lawsuit alleging their failure to warn about the potential risk of autism or ADHD in children from prenatal consumption of their store-branded acetaminophen. However, CVS Pharmacy Inc. has avoided a similar lawsuit.

Makesha Anderson and Crystal Washington filed these claims as part of a larger multidistrict litigation, arguing that the retailers’ store-branded acetaminophen products lacked the necessary warnings. They cited studies that form the basis of every acetaminophen autism lawsuit, suggesting a link between prenatal exposure to acetaminophen and autism in children.

Judge Denise L. Cote, who oversees all federal Tylenol lawsuits, dismissed Target and Walmart’s argument that their compliance with federal law absolves them of liability under state law in any Tylenol pregnancy lawsuit. She ruled that California law applies to Anderson’s suit and is not prohibited by a 1993 ruling from the state’s high court, but the claims by Washington fall under Texas law and should be dismissed.

May 9, 2023 – J&J Seeks Immediate Appeal

Johnson & Johnson submitted a request to the MDL court for an interlocutory appeal concerning Judge Cote’s rejection of their preemption motion. This type of appeal would allow J&J to obtain an appellate court’s assessment of the preemption order before the case progresses.

Contact Nguyen Injury Lawyer at XXX-XXX-XXXX or visit https://www.nguyeninjurylawyer.com for more information.

Updates on the Tylenol Autism Lawsuit

While appeals are typically only allowed after a final decision, interlocutory appeals are an exception in certain circumstances. However, the court is unlikely to grant an interlocutory appeal, as it would interrupt litigation that the judge clearly intends to expedite. Nevertheless, the outcome is not guaranteed, and the court has established a timeline to ensure thorough briefing on the matter.

May 1, 2023 – Requesting the FDA’s Opinion

Many are questioning the commonality of seeking the FDA’s opinion on whether a warning would have been appropriate. It is not common.

The judge posed two questions to the FDA (through the U.S. Attorney for the Southern District of New York):

• Should the Plaintiffs’ Proposed Warning be added to acetaminophen labels?
• As of today, does science warrant the addition to acetaminophen labels of any warning or advice regarding in utero exposure to acetaminophen and the risk of ASD or ADHD?

These are significant inquiries, and it is difficult to imagine the FDA influencing what could become one of the largest mass torts in history. However, we will observe the outcome.

April 21, 2023 – Judge Dismisses J&J’s Preemption Motion

Judge Cote issued an Order in the Tylenol and autism lawsuit, rejecting J&J’s motion to dismiss based on preemption. J&J argued that federal laws and FDA regulations governing OTC drug labeling preempted the plaintiffs’ failure to warn claims. In her 37-page opinion, Judge Cote concisely outlined the relevant preemption law.

She explained that J&J’s preemption argument failed because federal rules and regulations did not prevent J&J from adding a warning about in utero exposure risks to Tylenol. Judge Cote reached the same conclusion last November when she denied Walmart’s preemption motion.

April 20, 2023 – Judge Seeks Government Input on Tylenol Warning Labels

A federal judge has requested the government’s opinion in the Tylenol class action lawsuit. The plaintiffs propose a warning about the risk of ASD and ADHD with frequent use during pregnancy. Acetaminophen-containing product labels must comply with monographs that include a general pregnancy warning, but the acetaminophen monograph lacks additional pregnancy-related warnings. The judge wants the government’s perspective on adding the plaintiffs’ proposed warning to acetaminophen labels.

The FDA’s willingness to offer its opinion will be interesting to observe. If the FDA provides an opinion, it could have significant implications. According to 21 C.F.R. § 10.85(j):

“An advisory opinion may be used in administrative or court proceedings to illustrate acceptable and unacceptable procedures or standards, but not as a legal requirement.”

We will see if the FDA is willing to engage in this matter.

April 13, 2023 – Proposed ADHD/Autism Tylenol Warning

Judge Cote asked the Plaintiff what the Tylenol autism/ADHD warning should look like. Nguyen Injury Lawyer believes it should state:

Autism/ADHD: Some studies show that frequent use of this product during pregnancy may increase your child’s risk of autism and attention deficit hyperactivity disorder. If you use this product during pregnancy to treat your pain and/or fever, use the lowest effective dose for the shortest possible time and at the lowest possible frequency.

It is difficult to argue against adding this acetaminophen warning to the product today unless the sole focus is selling acetaminophen. How could a doctor familiar with the issues answer the question, “Can you take extra strength Tylenol while pregnant?” without addressing Tylenol, autism, and ADHD? Any doctor who has read the literature would never respond with, “Sure, don’t worry about it.” Yet, that is precisely what J&J and other manufacturers are telling pregnant women.

March 31, 2023 – Expert Discovery

The MDL judge in the acetaminophen-ASD-ADHD lawsuit issued an order yesterday concerning expert testimony discovery.

The court ruled that rebuttal expert testimony should be included in the expert discovery schedule, despite the defendants’ objections. The plaintiffs had until March 15 to disclose their intention to designate an expert in maternal-fetal medicine. On March 17, the plaintiffs informed the defendants that they would not submit an affirmative expert report on this subject but might submit a rebuttal report. The defendants objected, and the matter was brought before the court on Monday. The court ordered the plaintiffs to disclose by April 4 whether they intend to serve an affirmative expert report on maternal-fetal medicine by June 16 and stipulated that they may only serve a rebuttal report if they serve an affirmative report.

Previously, the plaintiffs identified six areas of general causation. The defendants added maternal-fetal medicine as an additional area. The plaintiffs’ lawyers do not believe they need a maternal-fetal medicine expert to meet their burden of proof for general causation. However, the plaintiffs are unaware of what the defense expert might say, so they want to reserve the right to call a rebuttal expert, which is common sense. It is hard to understand why the defense lawyers objected.

While this level of detail may not interest everyone, the overarching point is that this MDL class action is progressing exceptionally quickly.

February 11, 2023 – Plaintiff’s Fact Sheet

The parties will submit joint or competing plaintiffs’ fact sheets by February 28, 2023.

A plaintiff’s fact sheet in an MDL class action provides the biographical history that plaintiffs in the litigation must provide. The fact sheet includes information such as the plaintiff’s name, the injury suffered, the defendants, and the legal theories being asserted.

The fact sheets serve multiple purposes, including identifying common issues and patterns among the claims. This is important for understanding the scope of the litigation, which is helpful for settlement. This information is also used in selecting “bellwether trials,” the first lawsuits to proceed to trial.

January 11, 2023 – Judge Streamlines Acetaminophen Lawsuit Filing

Tylenol autism MDL Judge Denise Cote approved a Short Form Complaint this week. All new plaintiffs joining the MDL will now use the Short Form Complaint when filing their case.

This simplifies filing a Tylenol lawsuit because it eliminates the need to include a comprehensive list of allegations. Instead, the short-form lawsuit references the allegations in the master complaint in the class action.

Judge Cote has already authorized direct filing of new cases in the MDL. These combined actions streamline the process of filing new Tylenol autism cases and should lead to a significant increase in new case filings this year. Contact Nguyen Injury Lawyer at XXX-XXX-XXXX if you need assistance.

January 9, 2023 – New Tylenol Autism Lawsuit Transferred from Florida to New York

A new Tylenol autism lawsuit, Smith v. Walmart (0:22-cv-62092), exemplifies an acetaminophen suit initially filed in federal court in Florida and recently transferred to the class action MDL in New York. The lawsuit names only Walmart as a defendant. The plaintiffs – a mother and her child – allege that Equate, Walmart’s version of Tylenol, was used by the mother during pregnancy, leading to the child developing autism.

Filing a Tylenol suit in federal court in California, Pennsylvania, Ohio, or any other state will result in its transfer to New York for consolidated litigation with all other claims. Contact Nguyen Injury Lawyer for guidance.

January 1, 2023 – Appointment of Special Master in Tylenol Lawsuit

Randi Ellis has been appointed Census Special Master in the Tylenol autism MDL. She will be responsible for developing a system for the coordinated collection of key information and data from all plaintiffs in the litigation and making that information usable to the parties and the Court. Ms. Ellis has extensive experience in mass tort litigation, having been appointed Special Master in several other MDLs in 2022.

December 13, 2022 – Tylenol Class Action Progressing Rapidly

The Tylenol autism MDL judge is requiring the plaintiffs to file a master complaint by the end of this week, which will apply to all future actions in the MDL. A Short Form Complaint for new incoming lawsuits to the class action will be jointly submitted by January 4, 2023.

This judge is committed to moving the case forward. She has also acted quickly on several motions that will allow us to begin the litigation in earnest. The judge appears to recognize that lawyers in major class action lawsuits are fully engaged and do not need excessive time to complete tasks.

For example, the judge gave the parties only two weeks from the date of the first hearing to submit proposed orders on substantial issues such as electronic discovery, protection/confidentiality, master complaints, etc. This approach benefits the victims of autism and ADHD who want to see the cases ready for settlement as soon as possible. Contact Nguyen Injury Lawyer to discuss your potential claim.

November 20, 2022 – Types of Cases in the Tylenol Class Action

We primarily discuss autism and ADHD. However, Nguyen Injury Lawyer is also considering cases involving:

• Asperger’s Syndrome
• Kanner’s Syndrome
• Childhood Disintegrative Disorder
• Pervasive Developmental Disorder

If your child has been diagnosed with any of these conditions and you believe Tylenol use during pregnancy may be the cause, contact Nguyen Injury Lawyer at XXX-XXX-XXXX for a free consultation or visit https://www.nguyeninjurylawyer.com/contact.

November 15, 2022 – Walmart’s Motion to Dismiss Is Denied

Tylenol autism MDL Judge Denise Cote issued an Opinion and Order yesterday denying Walmart’s motion, which sought dismissal based on the federal preemption doctrine. The decision comes just two months after Walmart filed its motion, which is incredibly fast for the resolution of this type of motion in a class action MDL context.

In denying the motion, Judge Cote explained that the applicable FDA labeling laws did not prevent Walmart from voluntarily adding a warning about use during pregnancy to its Equate-brand acetaminophen and, therefore, federal preemption did not apply. Judge Cote emphasized that under the FDA rules, manufacturers still have a duty to enhance their warning labels to ensure they are adequate.

The ruling is not a surprise, but it is generating a lot of excitement. Contact Nguyen Injury Lawyer for more information.

November 14, 2022 – Walmart Files Motion to Dismiss in Tylenol Class Action Lawsuit

Walmart is seeking dismissal of the Tylenol autism lawsuit against it based on federal preemption. The lawsuits accuse Walmart of negligently failing to warn about the risk of using its Equate-brand acetaminophen products during pregnancy.

In its dismissal motion, Walmart argues that these claims are preempted by federal law because the warnings on the products were regulated by the FDA and could not be unilaterally changed. In their response in opposition, the Tylenol plaintiffs contend that the applicable federal laws and regulations did allow Walmart to voluntarily add a warning to its product labels.

Walmart filed a supplement brief in support of its motion last week. Federal preemption is a common defense in defective drug cases based on failure to warn. The defense is not usually successful. If you have questions about this litigation, call Nguyen Injury Lawyer at XXX-XXX-XXXX.

November 13, 2022 – Initial Status Conference in Tylenol Class Action

In the new Tylenol autism class action lawsuit (Tylenol MDL-3403), Judge Denise Cote will hold the next monthly status conference on Thursday, November 17, 2022, in New York. Judge Cote is expected to make some significant decisions and announcements at this conference.

First and foremost will be her selections for Tylenol lawyers to serve on the plaintiffs’ leadership committee. This committee will confer and make collective decisions on behalf of all plaintiffs in the MDL class action. Judge Cote will also hear from both sides regarding proposals for case management of the Tylenol lawsuit. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com for updates on the litigation.

The initial hearing’s atmosphere and presentation are also important, as they give Tylenol’s legal team an early indication of the judge’s approach to the litigation.

November 7, 2022 – Defense Leadership Selected for Tylenol Class Action

In the Tylenol autism class action MDL, Judge Cote approved the proposed structure for the defense lawyer committee, which will be known as the Retailer Liaison Committee (RLC). This committee will make collective decisions for the defense, comprising lawyers for the defendants chosen by Judge Cote through an open application process. Appointments are expected to be announced the following week.

November 4, 2022 – Tylenol Defendants Settle Unrelated Litigation for $13 Billion

CVS, Walmart, and Walgreens, key retail defendants in the Tylenol autism lawsuits, recently announced a proposed settlement to resolve thousands of opioid lawsuits against them. The settlement involves these companies paying approximately $13 billion over 10 years to state and local governments that initiated the opioid lawsuits.

Why is this settlement relevant to the Tylenol autism lawsuits? It highlights the reasons these retailers are also defendants in the acetaminophen lawsuits. Compensation in the Tylenol autism cases could significantly exceed $13 billion if the claims proceed as anticipated.

October 5, 2022 – New Tylenol Class Action Lawsuit

A Tylenol class action lawsuit has been established. The new MDL is titled:

In Re: Acetaminophen – ASD/ADHD MDL

No. 3043

It will be overseen by Judge Denise L. Cote in the Southern District of New York. This marks Judge Cote’s 9th MDL class action lawsuit.

Over 80 filed acetaminophen lawsuits will be immediately transferred to Judge Cote.

September 30, 2022 – MDL Arguments

The JPML held a hearing yesterday to hear oral arguments regarding the consolidation of autism cases into a new acetaminophen class action. The number of lawsuits alleging that acetaminophen use during pregnancy caused autism has been consistently increasing, with a significant number pending in federal districts nationwide.

In June, a group of plaintiffs requested the consolidation of these cases into a new MDL. However, the defendants, including manufacturers and major retailers of acetaminophen, strongly oppose class action consolidation. A panel of JPML judges will now make a decision.

The Tylenol autism lawsuits have the potential to become one of the largest mass torts in American history. Judge Matthew Kennelly of the JPML noted during the hearing that the matter could become “really gigantic,” a sentiment that seems prophetic.

September 11, 2022 – Oral Arguments for Class Action Set

Oral arguments before the JPML on the motion to consolidate the acetaminophen autism cases into an MDL class action lawsuit are scheduled for September 29, 2022, in St. Louis.

Despite opposition from various defendants, our Tylenol autism lawyers at Nguyen Injury Lawyer believe the odds still favor the MDL class action lawsuit being granted. The more pressing question is which venue the JPML will select if a new MDL is created. The plaintiffs are advocating for the Northern District of California, while the defendants prefer New Jersey.

August 9, 2022 – Battle for a New Acetaminophen Class Action Lawsuit

Plaintiffs in the acetaminophen autism lawsuits have filed a Reply in Support of their request to consolidate all Tylenol autism lawsuits into a new MDL class action. The Reply brief addresses the legal arguments made by several defendants who oppose consolidation. It asserts that the number of pending and future cases is sufficient to justify an MDL and reiterates that the Northern District of California is the most logical venue choice for the MDL.

August 2, 2022 – MDL Opposition Brief

The defendants have filed briefs opposing the motion to consolidate all Tylenol autism lawsuits into a new class action MDL. While each defendant filed a separate opposition, their arguments are similar.

First, the opposition briefs state that the Tylenol autism lawsuits have only been filed against retail defendants, excluding necessary parties like the actual acetaminophen manufacturers.

Second, they argue that there are not enough acetaminophen autism cases pending and that the range of defendants is too broad and diverse.

Finally, all defense oppositions object to the plaintiffs’ suggested forums, arguing that the District of New Jersey or the Eastern District of New York would be more appropriate venues if the Tylenol lawsuit is consolidated.

Tylenol Autism Lawsuit

Tylenol lawsuits are now being filed against major retailers, Johnson & Johnson, and generic acetaminophen manufacturers, alleging they failed to warn that using the drug during pregnancy could lead to autism.

The growing number of Tylenol autism lawsuits has led to a request to consolidate the cases into a new MDL Tylenol autism class action lawsuit.

Nguyen Injury Lawyer is currently accepting Tylenol autism lawsuits from parents or guardians of children diagnosed with autism or ADHD after significant prenatal exposure to Tylenol or generic acetaminophen. Contact our law firm today at XXX-XXX-XXXX or visit our contact page for a free consultation.

Tylenol Linked to Autism

Tylenol, the brand name for acetaminophen, is a widely used over-the-counter pain medication. It is a staple in pharmacology and medicine, with millions using it regularly for pain relief and fever reduction.

Approximately 50 million American consumers (about 20% of the adult population) use acetaminophen-containing products each week, totaling over 25 billion doses annually.

Despite its prevalence, acetaminophen’s mechanism of action remains unclear, making it one of the most mysterious compounds in medical use. Scientists are still unsure how it relieves pain and reduces fever.

Despite the unknown mechanism, acetaminophen has been marketed to pregnant women as the safest pain reliever and fever reducer during pregnancy, leading to its widespread use among this population.

Medical Literature on Tylenol, ASD, and ADHD

Over the past decade, a growing body of scientific studies has raised concerns about the correlation between prenatal acetaminophen exposure and adverse neurodevelopmental outcomes, including autism.

Initially, the connection may have been seen as mere association rather than causation. Expectant mothers who use acetaminophen may also engage in other high-risk activities, or they may have a higher prevalence of genetic predispositions for ASD or ADHD. Maternal fever, which prompts acetaminophen use, could also be the underlying cause. Thorough investigation is needed to rule out other potential causes before pursuing a Tylenol lawsuit. Lawyers and scientists were initially skeptical, and with good reason.

However, over 20 studies have explored alternative explanations and consistently indicated a notable increase in the likelihood of children developing neurodevelopmental conditions like Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD). Plaintiffs’ experts have been impressed by the consistency of these findings.

Consensus Statement on Tylenol and Pregnancy

In 2021, the journal Nature Reviews Endocrinology published a Consensus Statement from medical experts warning that Tylenol use during pregnancy was not safe and could lead to higher rates of autism. This study was a key factor in the surge of acetaminophen lawsuits.

JAMA Psychiatry Study

A significant study published in JAMA Psychiatry in 2020 found that umbilical cord biomarkers of fetal exposure to acetaminophen were associated with a significantly increased risk of childhood autism in a dose-response fashion.

The study’s authors noted consistent associations between acetaminophen and autism across various potential confounders, including maternal indication, substance use, preterm birth, and child age and sex.

Hopkins Study

A Johns Hopkins study examined cord blood samples and measured acetaminophen levels, revealing that children with the highest levels of acetaminophen in their cord blood were almost three times as likely to be on the autism spectrum compared to those with the lowest levels. This study has significantly fueled the Tylenol lawsuit.

Other Studies

Various studies have linked Tylenol (or acetaminophen) use during pregnancy to the development of neurological disorders, including autism spectrum disorder. Twenty-six separate observational studies have identified positive associations between acetaminophen exposure during pregnancy and autism.

Sixteen studies specifically investigated dose-response and found that increased duration of exposure to acetaminophen was associated with increased risk.

A 2018 meta-analysis of seven studies, involving over 130,000 mother-child pairs monitored for 3 to 11 years, determined that children exposed to Tylenol for prolonged periods during pregnancy had a 20% higher risk of autism.

Risk of Autism with Tylenol May Be Dose Responsive

The timing, amount, and duration of Tylenol use during pregnancy appear to correlate with the risk of autism, as some studies suggest that small doses of Tylenol during pregnancy do not increase the risk. As a result, many doctors now advise women to avoid acetaminophen during pregnancy unless medically necessary.

Currently, legal opinions vary on the amount of Tylenol exposure required to qualify for a lawsuit. Nguyen Injury Lawyer requires that the pregnant mother took at least eight doses of Tylenol, while other firms have stricter or looser eligibility requirements.

Tylenol Autism Class Action Lawsuit Certified

The research linking Tylenol use during pregnancy to autism has led to a surge of Tylenol autism lawsuits. Major drug retailers like CVS and Walgreens, as well as manufacturers of acetaminophen-based drugs, are being sued by children and parents who allege that Tylenol use during pregnancy caused children to develop autism spectrum disorder (ASD) or attention deficit hyperactivity disorder (ADHD).

On June 10, 2022, plaintiffs’ lawyers filed a motion with the Judicial Panel on Multidistrict Litigation (JPML) to consolidate the Tylenol autism lawsuits into a new class action MDL. On October 5, 2022, the JPML certified a new class action in the Southern District of New York.

According to the motion filed with the JPML, there are approximately 20 acetaminophen autism lawsuits pending in federal courts across the country.

For more information or to discuss your potential case, please contact Nguyen Injury Lawyer at XXX-XXX-XXXX or through our website at https://www.nguyeninjurylawyer.com.

Details of Tylenol Lawsuits

The various Tylenol lawsuits share similar factual claims, primarily focusing on the failure to adequately warn consumers about the potential risks associated with prenatal Tylenol exposure. The timing of these filings suggests that many more Tylenol lawsuits are anticipated.

An Example Case: Springer v. Costco

One of the initial 47 Tylenol autism lawsuits consolidated into the MDL is Springer v. Costco Wholesale Corp. (0:22-cv-1532), filed on June 8, 2022, in the District of Minnesota. Courtney Springer, a Minnesota resident, filed the lawsuit on behalf of her minor child, naming Costco as the defendant because that is where she purchased generic acetaminophen during her pregnancy.

The Springer complaint begins with general assertions about acetaminophen’s development and its marketing as “the safest, and the only appropriate” pain relief option for pregnant women. It then transitions to presenting scientific evidence that links acetaminophen use to disruptions in fetal brain development, potentially leading to autism.

The complaint specifies that Springer bought Kirkland brand acetaminophen from Costco and used it regularly from October 2016 to May 2017, reportedly “a few times a week.” Her lawsuit argues that she used the drug believing it was safe during pregnancy, highlighting the core issue in all Tylenol lawsuits: the absence of any warning labels indicating a possible risk of autism.

Springer’s daughter was born in May 2017 and diagnosed with an autism spectrum disorder at 18 months old.

The lawsuit asserts six causes of action: (1) failure to warn, (2) general negligence, (3) breach of express warranty, (4) breach of an implied warranty, (5) negligent misrepresentation, and (6) violation of Minnesota consumer protection laws. The central claim is that Costco knew (or should have known) about the connection between acetaminophen use during pregnancy and autism but continued selling Kirkland brand generic Tylenol without proper warnings.

Do You Qualify for a Tylenol Autism Lawsuit?

If you used Tylenol or generic acetaminophen at high doses or for extended periods during pregnancy and your child has been diagnosed with autism, you and/or your child might be eligible to file a lawsuit and seek financial compensation. Contact Nguyen Injury Lawyer at XXX-XXX-XXXX for a free consultation.

Currently, the scientific evidence establishing a definitive causal link between prenatal acetaminophen exposure and autism is still developing. However, if this evidence is deemed strong enough to be presented to a jury, plaintiffs could potentially receive substantial compensation. Nguyen Injury Lawyer is closely monitoring the developments in this litigation.

If the Tylenol autism lawsuits are consolidated into a class action MDL and the causation evidence withstands legal challenges, a global settlement becomes more likely.

Drugs Under Scrutiny

The following is a non-exhaustive list of drugs containing acetaminophen that are under scrutiny:

1. Alka-Seltzer PLUS
2. CoricidinHBP
3. Dayquil
4. Excedrin
5. FluTherapy
6. Midol
7. Mucinex MAXIMUM STRENGTH FAST-MAX COLD, FLU & SORE THROAT
8. Mucinex MAXIMUM STRENGTH FAST-MAX COLD & FLU (ALL-IN-ONE)
9. Mucinex MAXIMUM STRENGTH NIGHTSHIFT COLD & FLU
10. Mucinex MAXIMUM STRENGTH NIGHTSHIFT SEVERE COLD & FLU
11. Mucinex MAXIMUM STRENGTH SINUS-MAX PRESSURE, PAIN & COUGH
12. Mucinex MAXIMUM STRENGTH SINUS-MAX SEVERE CONGESTION & PAIN
13. Nyquil
14. Panadol
15. Robitussin Maximum Strength
16. Sinex SEVERE ALL IN ONE SINUS
17. Sudafed Head Congestion + Flu Severe
18. Sudafed Head Congestion + Mucus
19. Sudafed PE Sinus Pressure + Pain
20. Theraflu
21. Tylenol
22. Store-brand acetaminophen

Note: This list is not exhaustive; any drug containing acetaminophen may be relevant.

Cases Nguyen Injury Lawyer Is Not Currently Accepting

Nguyen Injury Lawyer is not accepting certain types of Tylenol autism cases.

Cases Involving Adult Children

We are not accepting cases where the child diagnosed with autism is now an adult. While we understand the desire to help adult children, there are two main reasons for this policy.

Statute of Limitations Concerns

Cases involving adult children often face statute of limitations issues. If the pregnancy occurred many years ago, it may be too late to file a lawsuit under the applicable state law. Contact Nguyen Injury Lawyer at XXX-XXX-XXXX to discuss the statute of limitations in your state.

Although there are arguments for extending the statute of limitations due to the recent awareness of the link between Tylenol and autism, some jurisdictions have statutes of repose that may bar claims.

Difficulty Obtaining Old Medical Records

The second reason is the difficulty in obtaining necessary medical records. Medical records from decades ago may no longer exist. To support a Tylenol autism lawsuit, records from the OB/GYN confirming Tylenol use during pregnancy are essential. If the pregnancy occurred long ago, obtaining these records can be challenging, often due to the closure of the medical practice. The AMA has identified additional challenges in accessing old medical records.

Children Born After March 26, 2020

We are also not accepting Tylenol autism cases if the child was born after March 26, 2020. The CARES Act, passed in response to the COVID-19 pandemic, finalized FDA labeling rules for Tylenol as of March 2020. Before this date, manufacturers and retailers could add warning labels to their products. After the CARES Act, the warning labels were fixed, meaning manufacturers and retailers cannot be held liable for failing to warn about risks after this date.

Other Excluding Factors

The following factors may also disqualify prospective Tylenol autism lawsuits:

• The mother experienced gestational diabetes or hypertension during pregnancy.
• The mother had an infection requiring hospitalization during pregnancy.
• The child was born before the 26th week of pregnancy.
• The child is diagnosed with Down Syndrome, Fragile X Syndrome, Tourette Syndrome, or Tuberous Sclerosis.
• The mother used illegal drugs, alcohol, or certain prescription drugs during pregnancy.
• The mother was over 40 or the father was over 45 at the time of birth.
• One of the parents has been diagnosed with autism.

Nguyen Injury Lawyer is no longer accepting new Tylenol lawsuits. Please visit our contact page at https://www.nguyeninjurylawyer.com/contact or call us at XXX-XXX-XXXX for more information.