Tylenol Lawsuit: Tylenol Autism Lawsuits (April 2025)

After the federal MDL was dismissed in August, the plaintiffs' lawyers' last option was to file an appeal. We'll report on the appellate filing when we learn more. In the meantime, several state cases are still pending, most notably in Illinois and California. In most state cases, Johnson & Johnson has filed a motion to dismiss based on the theory of federal preemption. We will update this page when those rulings are released. The California lawsuit has been scheduled for trial in April 2025.

As of August 20, 2024, Judge Cote has dismissed all federal cases filed in the Tylenol Autism Multidistrict Litigation. The plaintiffs' counsel has filed an appeal, but if that fails, the federal litigation is done.

The latest updates on the Tylenol autism MDL (MDL No. 3043), now called the Acetaminophen—ASD-ADHD Products Liability Litigation, indicate significant legal proceedings. On July 10, 2024, Judge Denise L. Cote issued an opinion and order granting the defendant's motion to exclude the expert testimony of Dr. Roberta Ness, a key expert for the plaintiffs.

This decision impacts the general causation argument in the litigation, potentially influencing the progression of the plaintiffs' cases.

As of now, 321 pending lawsuits allege Tylenol use during pregnancy led to autism and ADHD in children. These cases claim that manufacturers failed to provide adequate warnings about the risks associated with acetaminophen use during pregnancy.

A hearing will be held on August 29, 2024, to address various motions, including the admissibility of expert testimonies and procedural matters related to the ongoing litigation. This hearing will be crucial in determining the future course of the MDL.

A Manhattan federal judge ruled in December 2023 to exclude expert testimony claiming a link between prenatal Tylenol use and autism in children. The court found insufficient scientific evidence supporting these claims.

This ruling likely signals the end of the federal multidistrict litigation involving around 500 lawsuits related to the widely used over-the-counter medication, barring a successful appeal by the plaintiffs.

As of July 2024, 56 Tylenol autism and ADHD lawsuits remained pending in federal court. The decision may result in dismissal of these cases and other federal suits. However, similar lawsuits will continue to proceed in state courts.

After Judge Cote rejected the plaintiffs' medical testimony and dismissed the pending federal multidistrict litigation last year, Dr. Roberta Ness was introduced to support the plaintiffs' claims that Tylenol may be related to autism and other neurodevelopmental disorders. Dr. Ness was deposed in May, and her testimony is now the single most important factor that could save this MDL.

The judge previously ruled the other medical and scientific evidence was lacking in certain areas. Dr. Ness responded to each of the judge's complaints and testified about her opinion that the use of acetaminophen (the ingredient in Tylenol) could cause autism and ADHD. Dr. Ness followed generally accepted protocol and used the respected Bradford Hill criteria to reach her conclusions.

While the defense lawyers pointed out that the plaintiffs' counsel paid Dr. Ness for her work, she actually performed her analysis before she was retained as a testifying witness for this litigation. She clarified that her primary goal was to challenge the scientific accuracy of other studies and data to help the public in general.

After being retained as a witness, Dr. Ness returned to her studies to perform a specific Bradford Hill analysis to answer all of the questions Judge Cote raised last year. We hope this witness's testimony withstands the rigors of scientific analysis and meets the judicial standards of relevance and reliability needed to support and reinstate the MDL.

Now we wait for another Daubert hearing where the judge will decide if the new evidence is sufficient to support the plaintiffs' claims linking prenatal use of Tylenol to later autism diagnoses. We'll keep you posted.

Since the defendants have until July to object to the recently proposed medical expert, the LLN team is waiting to see if the Tylenol autism MDL can be reinstated. Until we know whether the new expert can provide sufficient evidence to link prenatal Tylenol use to later autism diagnoses, we are not accepting any new dangerous drug Tylenol cases.

The judge in charge of the Tylenol autism MDL has agreed to hear evidence from a new expert on the topic of whether the prenatal use of Tylenol (acetaminophen) can be linked to a later autism diagnosis in the child exposed during pregnancy. Now, the defendants have until July to file any motions in opposition to this expert testimony.

The LLN team expects a quick decision from the judge, probably by the end of the summer or the start of autumn. We will provide an update as soon as the judge acts. While we wait, our team is still accepting autism cases related to toxic baby food situations. Reach out to learn more.

March 18, 2024 – A New Opportunity in the Tylenol Case

After Judge Cote's crucial court decision, the MOTA plaintiffs finally introduced their new expert, Dr. Roberta Ness, to their team. For more details about this complicated legal process, take a look at the February 23rd update below. The defendants now have until July to challenge whether this new expert should be allowed. We are waiting for the court's decision to learn whether Dr. Ness can help the case before taking any new Tylenol Autism cases. Time will tell.

In the meantime, the legal team at Lawsuit Legal News is actively accepting cases from parents whose children were diagnosed with autism after consuming certain baby foods. To learn more about these lawsuits, read our page on baby food and its link to autism.

In December 2023, nearly all of the cases in the federal multidistrict litigation (MDL) involving the link between Tylenol use during pregnancy and autism were dismissed. Judge Cote released her Daubert opinion, stating that there was a lack of scientific evidence and "cherry-picking" on the part of the plaintiff's experts.

However, this past week, Judge Cote ruled that she would allow a certain group of plaintiffs to have their expert testimony heard separately since they were not part of the MDL when the December judgment was made.

This group of plaintiffs, known as the Mota plaintiffs, is a group of families who are suing Johnson & Johnson on the claim that their children developed autism spectrum disorder (ASD) and/or Attention Deficit Hyperactivity Disorder (ADHD) because of prenatal acetaminophen (Tylenol) use that they were not warned about.

Because these plaintiffs filed their lawsuit against J&J in a separate court, Judge Cote held a separate Daubert hearing for their expert witness. This hearing will determine whether their expert witnesses' testimony about the link between Tylenol and ADHD is admissible in court.

So, who is the Mota plaintiffs' expert witness? Her name is Dr. Roberta Ness, and she has been fighting for women to know about the alleged link between acetaminophen and neurodevelopmental disorders like autism and ADHD.

Dr. Roberta Ness has a distinguished background in public health, including roles at the University of Texas School of Public Health and advisory positions with major health institutions. For years, she has been vocal about research, including 29 studies, that predominantly show a connection between acetaminophen use by pregnant women and neurodevelopmental disorders in their children.

Dr. Ness emphasizes the need for caution and minimal use of acetaminophen during pregnancy, criticizes the lack of public awareness and transparency, and expresses concern over how few women know this important health information. Her goal has been to empower women with knowledge to make informed decisions about their health, and now she is taking that concern to a federal court.

The Mota plaintiffs' case is one of the few remaining legal challenges against Tylenol manufacturers regarding the potential risks of Tylenol use during pregnancy. If their expert is allowed to testify and their case proceeds, it could potentially reignite the debate about Tylenol's safety and set a precedent for future lawsuits. We will have to wait and see. Follow LLN to keep up to date.

After Judge Cote dismissed the federal multi-district litigation in December, many people were concerned that parents with children on the Autism spectrum had no further legal recourse. However, we expect state court actions against Tylenol and acetaminophen makers will be kicking off in the Spring. Many lawyers on the plaintiff steering committee will be leading the charge on this. We’ll keep you posted with timely updates.

Also, parents who fed their children certain brands of baby food and later received a diagnosis of autism or other neurodevelopmental conditions may have a legal claim against the baby food manufacturers. You can learn more about the pending baby food autism lawsuits that we are following as well.

January 3, 2024 - Acetaminophen Manufacturer Saw Brief Stock Market Boost From Results of Daubert Hearings 

Following Judge Cote’s ruling on the plaintiffs’ expert witnesses’ testimony, investors expressed greater confidence in Kenvue, which formerly operated under Johnson & Johnson. Without the support of this scientific evidence, it was clear that plaintiffs would not have a foundation for a viable case. Kenvue stock enjoyed a temporary 4% bump in the stock market the day the decision to dismiss the Tylenol autism claims was released because Judge Cote’s ruling meant the company would not be involved in further litigation in federal court on this issue for the time being, nor would it be required to pay out large settlements in the immediate future.

That being said, Kenvue’s stock value quickly stabilized at its prior level in the last weeks of December 2023. Unlike product liability lawyers for plaintiffs, as well as counsel for retailers like CVS, representatives for the former Johnson & Johnson company issued a statement about the dismissal of the Tylenol autism MDL. A spokesperson for Kenvue reiterated that Tylenol treats conditions that are known threats to expecting women and their pregnancies. The Kenvue representative also criticized the Tylenol autism lawsuits based on the manufacturer’s view that they “created confusion on the safety of one of the most studied medications in history.”

A dedicated product liability attorney will gather as much medical evidence as possible to prove your child's ASD or ADHD diagnosis is connected to acetaminophen use during pregnancy. Usually, this will involve requesting copies of medical records from the time of the pregnancy. Additional information, such as receipts and purchase history, can also confirm prolonged exposure to Tylenol.

Your attorney will guide you through the process of proving Tylenol use during pregnancy and ensure that all relevant evidence is properly presented to support your claim. Keep in mind that numerous studies have demonstrated a correlation between the use of acetaminophen while pregnant with an increased risk of autism spectrum disorder diagnosis.

Throughout the studies, we note that higher levels of acetaminophen exposure equates to higher rates of autism. In fact, autism rates nearly mimic the levels of exposure, demonstrating a dose-dependent relationship in multiple published peer-reviewed studies. Further, numerous confounding factors were accounted for in demonstrating an elevated risk for autism.

Projected settlement values in Tylenol autism lawsuits are still being analyzed and reviewed according to the relevant data available and the outcomes of other prior mass tort cases. Individual values will likely depend heavily on the severity of the autism.

Autism Spectrum Disorder is classified into three main categories. ASD 1 is the least severe manifestation of the disorder, and ASD 3 is the most severe. Early settlement projections suggest the following potential values for ASD-level claims in acetaminophen autism lawsuits:

• ASD Level 1: $150,000 to $225,000
• ASD Level 2: $250,000 to $500,000
• ASD Level 3: Exceeding $500,000

Your potential settlement amount will vary depending on the amount of your economic and non-economic damages. Your unique financial losses may include pain and suffering, lost wages, and medical expenses, among others. When you partner with a skilled mass tort attorney at LLN, they can work with you to ensure that you receive the maximum compensation available and create a solid legal strategy that will strengthen your claim. 

Class action lawsuits involve multiple plaintiffs suffering the same injuries bringing suit against the same defendant or defendants. Tylenol autism lawsuits do not qualify as a class action because the plaintiffs are claiming a variety of injuries with varying degrees of severity, and the defendants are not necessarily the same. However, since so many lawsuits have been filed by injured plaintiffs around the country, the federal court system adopted a different strategy.

Instead of forming a class action, a multi-district litigation (MDL) has been created to coordinate pre-trial discovery and motion hearings. A Tylenol MDL ensures more efficient legal proceedings and consistent rulings across the nation. In general, the complaints claim that prenatal use of acetaminophen inhibits fetal brain development and increases the risk of autism spectrum diagnosis.

The Tylenol MDL

Once the Joint Panel on Multidistrict Litigation (JPML) consolidated all lawsuits filed in United States Federal Courts all over the nation, all previously filed Tylenol autism lawsuits were consolidated before Judge Denise Cote in the United States District Court for the Southern District of New York. This allows for coordinated discovery and streamlines an entire litigation process for the Tylenol autism lawsuit.

One group of defendants named in the MDL includes retailers of Tylenol and generic acetaminophen, such as Walmart, CVS, Walgreens, Costco, and Rite Aid. In June 2023, three more retailers were named as defendants - Family Dollar, Dollar Tree, and 7-Eleven. The other main group of defendants are the drug's manufacturers, including Johnson & Johnson, who distribute it under the brand name Tylenol.

We thoroughly believe consumers have the right to receive fair compensation for the damages caused by these manufacturers. On behalf of our clients, we have filed lawsuits alleging the makers and retailers of Tylenol ignored warnings from health professionals regarding the connection between Tylenol and autism and failed to warn users about these devastating results.

In our experience, drug manufacturers don't like to settle out of court. Commercial retailers prefer to settle rather than litigate in court because they don't want to damage their public reputations. If you believe your child's autism or ADHD diagnosis is a result of prenatal exposure to Tylenol, our law firm can evaluate your potential compensable damages and help determine the value of your claim against Tylenol's manufacturers and sellers.

Our experienced mass tort attorneys can assist at every stage of your Tylenol autism or ADHD lawsuit. Our legal team can gather evidence, build your case, and develop a strategy to support your claim to help you recover the maximum compensation possible.

With our skilled lawyers fighting for you, you may receive compensation for economic and non-economic damages due to Tylenol or generic acetaminophen exposure, including:

• Medical expenses and future treatment costs
• Pain and suffering
• Emotional distress
• Loss of quality of life
• Lost wages or income
• Permanent disability
• Lifelong personal care and shelter

We are committed to ensuring that our clients can pursue the best course of action to benefit them emotionally and financially. Throughout the lifecycle of your case, we will do our utmost to ensure that you understand your options, answer your questions, and prove you can depend on us to guide you through the legal process.