Judge Rules Against Kenvue Appeal of Motion to Deny Tylenol Autism Lawsuits 

August 8, 2023 | Attorney, Matthew Dolman
Judge Rules Against Kenvue Appeal of Motion to Deny Tylenol Autism Lawsuits 

Multiple companies responsible for the sale of over-the-counter acetaminophen medications like Tylenol are currently embroiled in a tide of lawsuits alleging the drug causes prenatally exposed children to suffer an increased risk of autism spectrum disorder and other developmental disorders. This Tylenol autism litigation has seen a number of attempts to deny plaintiffs the ability to sue with the latest involving Kenvue Inc. attempting to appeal the denial of their previous motion to have the Tylenol autism lawsuits thrown out. 

Tylenol is a household name and one of the most common over-the-counter pain relievers used in homes across the United States. Recent studies have indicated that previous beliefs that Tylenol is harmless when taken during pregnancy were incorrect and that child exposure in utero can lead to developmental issues that lead to autism spectrum disorder, attention-deficit hyperactivity disorder, and more.

Upon learning that their child’s developmental disorders could be linked to Tylenol taken during pregnancy, many parents took legal action and sued several retailers of Tylenol, also known as acetaminophen, with enough lawsuits filed leading to the creation of a Tylenol multidistrict litigation that is currently ongoing.

Consider Dolman Law Group for Your Tylenol Autism Lawsuit Representation

If your child has been diagnosed with autism or ADHD after being exposed to acetaminophen their mother took during pregnancy then you may be entitled to seek financial compensation for damages related to their developmental disorder. Consider contacting Dolman Law Group about your case to learn more about what your legal options are and what our Tylenol autism lawyers can do to assist you with taking legal action.

Kenvue’s Attempts to Have Tylenol Autism Lawsuits Denied

It comes as no surprise that companies like Johnson & Johnson that stand to make billions from the sale of Tylenol will exhaust every option when it comes to eliminating the threat of Tylenol autism lawsuits. Johnson & Johnson’s consumer health unit now known as Kenvue Inc. initially tried to get the Tylenol autism lawsuits thrown out back in April of 2023 by reasoning that federal preemption prevented the drug company from providing warning labeling regarding use during pregnancy.

Preemption is a legal doctrine that involves the Supremacy Clause of the US Constitution giving the federal government’s laws power to overrule state laws. In the case of Tylenol labeling, Kenvue argued that preemption of FDA labeling regulations overruled the state-law “failure to warn” basis for Tylenol autism lawsuits. 

Judge Denise Cote who is overseeing the Tylenol autism multidistrict litigation submitted an order on April 20th that rejected the argument. Judge Cote's rejection of Kenvue’s motion reasoned that even with federal regulations from the FDA considered, there still would have been ways to provide adequate warnings on acetaminophen products like Tylenol. It is worth noting that if the motion had not been rejected by Judge Cote then the litigation against Johnson & Johnson as well as other acetaminophen product retailers would have been stopped in its tracks.

Kenvue’s Appeal of Judge Cote’s Ruling Allowing Tylenol Autism Lawsuits to Proceed

Kenvue would try to have the Tylenol autism lawsuits thrown out again when they motioned to dismiss the cases on the basis that they lacked any scientific support. Judge Cote would rule against this attempt to dismiss the cases reasoning that the question as to whether the plaintiffs in the Tylenol lawsuits had enough scientific evidence of their claims could not be decided in a motion to dismiss but would have to wait until a hearing to determine what expert testimony would be allowed in the litigation.

Kenvue would go on to appeal this decision which Judge Cote would deny on August 3rd, 2023. In this latest rejection of Kenvue’s appeal, she would state that Kenvue “has not pointed to any authority to suggest that there is any ground for a difference of opinion” in support of her decision to not let the appeal proceed to the 2nd U.S. Circuit Court of Appeals.

Acetaminophen Prenatal Exposure Tied to Risk of Developmental Disorders Like Autism and ADHD

The slew of lawsuits against Tylenol and other acetaminophen retailers like Target, Safeway, CVS, Walgreens, etc. came after several studies were published in the late 2010s that found a connection between prenatal acetaminophen exposure and an increased risk of developmental disorders occurring.

A study published in 2018 by the American Journal of Epidemiology used a meta-analysis of seven studies that involved 132,738 pairs of mothers and children and found that there was a 20% higher risk of autism and a 30% higher risk of ADHD for children who had prolonged exposure to acetaminophen during fetal development.

Further studies would reach similar conclusions which triggered widespread litigation against retailers and manufacturers of acetaminophen. The sheer number of Tylenol autism lawsuits filed in different courts led the Judicial Panel of Multidistrict Litigation (JPML) to consolidate the litigation into a multidistrict litigation to better streamline the process.

A Tylenol Autism Lawyer Can Assist With Your Lawsuit

Seeking the assistance of an experienced product liability lawyer that specializes in defective drug claims is the best thing you can do if you are considering filing a Tylenol autism lawsuit. Dolman Law Group has over 100 years of combined experience litigating claims like this and can provide you with invaluable insight on how to handle your case. 

A Tylenol autism lawyer is not just a way to improve your chances of getting a fair settlement with your lawsuit. Hiring a lawyer is essential if you want to ensure your right to fair compensation is respected and if you want to see your damages properly compensated through a settlement. 

Dolman Law Group offers award-winning and nationally recognized representation to consumers harmed by dangerous drugs. With thousands of positive client testimonials and a long history of successful litigation, you can be confident that your Tylenol case is in the hands of a firm that will persist in advocating on your behalf so you are made whole again. 

Contact Dolman Law Group For Help With Your Tylenol Autism Lawsuit

If your child has been diagnosed with autism spectrum disorder or ADHD and you took Tylenol or another acetaminophen drug while pregnant then do not hesitate to contact Dolman Law Group for more information regarding your eligibility to file a Tylenol autism lawsuit. Our product liability lawyers have years of experience and successful case results when it comes to litigating large pharmaceutical companies that harm consumers with dangerous drugs. 

Dolman Law Group emphasizes delivering the results of a national personal injury firm while providing small firm service that clients can count on when it comes to understanding the lawsuit process and updates on their case’s progress. Contact Dolman Law Group today at (727) 451-6900 or fill out an online contact form to schedule a free consultation for your Tylenol autism lawsuit.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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