Mirena IUD Lawsuit

Kenvue and several retailers have asked the Second Circuit to rehear its decision reviving expert testimony in lawsuits claiming prenatal acetaminophen exposure causes autism and ADHD.

The petition was filed Thursday by Kenvue Brands LLC, formerly Johnson & Johnson Consumer Inc., along with Walgreen Co., Costco Wholesale Corp. and CVS Health Corp.

The companies argue the Second Circuit gave insufficient weight to 2023 amendments to Federal Rule of Evidence 702 when it ruled in July that the district court had overstepped its gatekeeping role.

They claim the appeals court distorted the abuse-of-discretion standard and substituted its own judgment for that of the broader scientific community.

The case stems from multidistrict litigation in the Southern District of New York, which effectively ended in 2023 when U.S. District Judge Denise Cote excluded plaintiffs’ causation experts.

Judge Cote found the analyses relied on cherry-picked and misrepresented study results.

In July, a three-judge panel found the lower court wrongly excluded the experts, while stressing that its ruling addressed evidentiary rules rather than the underlying science.

Kenvue’s petition asks the court to affirm the original exclusion or, at minimum, remand the question for further review consistent with its guidance.

September 2nd, 2026: Texas Asks Fifth Circuit t

Texas is asking the Fifth Circuit to order Johnson & Johnson to cover legal fees tied to what the state calls improper litigation tactics in its Tylenol autism lawsuit.

J&J and Kenvue removed the case to federal court just 13 hours before a scheduled November 7 hearing, automatically freezing the state court proceedings.

The companies argued the case raised significant federal questions about FDA-approved drug labeling and sought to transfer it into the existing federal Tylenol-autism MDL in New York.

A federal judge held an unusual Saturday hearing the next day, ultimately remanded the case back to state court, and denied Texas’s request for fees and sanctions, though he acknowledged the companies’ underlying jurisdictional argument was at least debatable.

Texas is now appealing that denial to the Fifth Circuit, arguing the removal was a tactical maneuver designed to delay proceedings rather than a good-faith jurisdictional dispute.

Parents are filing new claims against Johnson & Johnson after last month’s appeals court reinstatement of the Tylenol autism litigation.

Two new complaints were filed on July 30th.

One involves a plaintiff born in 2003 whose mother took Tylenol during pregnancy, allegedly resulting in his ADHD diagnosis.

The other involves a mother filing on behalf of her minor child, born in 2012 and diagnosed with autism spectrum disorder.

Both bring claims for failure to warn, design defect, and negligence.

The cases are being returned to Judge Denise Cote in the Southern District of New York for further proceedings.

An opinion piece in Law360 argues the Second Circuit’s July 13 ruling in the Tylenol autism MDL improperly weakened the Daubert standard for expert testimony.

The court had found a lower judge exceeded its gatekeeping role by excluding three plaintiff experts, holding that Daubert exists to assess the reliability of methodology, not to referee genuine scientific disagreement.

The attorneys behind the opinion piece argue this reasoning risks admitting expert testimony even when it conflicts with strong scientific consensus, using a hypothetical Wi-Fi and climate change scenario to illustrate the risk.

They contend courts should defer to consensus science as part of proper gatekeeping, rather than treating any methodologically defensible technique as automatically admissible regardless of its conclusions.

The piece is commentary rather than a new court development, reflecting one side’s critique of the ruling that revived hundreds of Tylenol autism and ADHD lawsuits.

The U.S. Court of Appeals for the Second Circuit vacated judgments that dismissed two groups of lawsuits alleging that prenatal acetaminophen use caused children to develop autism spectrum disorder or attention-deficit/hyperactivity disorder.

The appeals arose from Rutledge v. Walgreen Co. and Phippen v. Walgreen Co., in which U.S. District Judge Denise Cote excluded the plaintiffs’ general-causation experts and entered summary judgment for the manufacturers and retailers.

The appellate court found that Judge Cote improperly excluded testimony from Drs. Andrea Baccarelli, Eric Hollander, and Brandon Pearson.

According to the court, the experts used accepted scientific methodologies and provided reasonable interpretations of disputed research.

A judge may exclude unreliable “junk science,” but disagreements over which scientifically supportable interpretation is more persuasive should generally be decided by a jury.

The court upheld the exclusion of Drs. Robert Cabrera and Stan Louie and directed the lower court to reconsider Dr. Roberta Ness’s testimony if plaintiffs continue to rely on it.

The Second Circuit also rejected the defendants’ argument that federal labeling regulations preempt the lawsuits, finding that manufacturers could retain the FDA-required pregnancy language while adding a supplemental warning about ADHD or autism risks.

The ruling does not determine that acetaminophen causes either condition, but it restores key expert testimony and returns both cases to the Southern District of New York for further proceedings.

A U.S. District Judge, Denise Cote, has prohibited expert witnesses from testifying that Tylenol, produced by Johnson & Johnson’s spin-off Kenvue, can cause autism if taken during pregnancy due to a lack of scientific evidence to support their claims.

This decision likely marks the end of a mass tort litigation involving around 500 lawsuits against Tylenol.

Judge Cote determined that the plaintiffs’ expert witnesses did not provide a sound scientific basis for their assertion that Tylenol’s active ingredient, acetaminophen, could lead to autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD).

Kenvue intends to dismiss all cases in light of the ruling, and its shares have risen approximately 4% following the decision.

The lawsuits also targeted retailers selling generic versions of Tylenol, but those retailers have not commented on the decision.

These lawsuits depended on expert testimony, and Judge Cote’s ruling emphasizes the need for scientific standards when presenting such testimony.

While some studies have suggested a link between acetaminophen use during pregnancy and these disorders, researchers caution that other factors may be at play, and further investigation is necessary.

Health experts generally recommend acetaminophen over aspirin or ibuprofen for pregnant women due to the potential fetal organ damage associated with the latter two medications.

Our lawyers are still investigating other legal strategies apart from MDL consolidation to seek justice for those injured.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit. 

Contact TorHoerman Law for a free consultation. 

You can use the chatbot on this page to find out if you qualify to file a Tylenol Autism Lawsuit instantly.

Should Judge Cote decline the defendants’ Daubert challenges in the near future, it will lead to a substantial rise in the number of pending cases within the Tylenol autism MDL.

There have been an additional 58 cases introduced in the past month alone, elevating the total count to 441.

Furthermore, there is an upcoming conference scheduled for January 4, 2024, at 4:30 p.m. to discuss the arrangement of a settlement in the Tylenol class action lawsuit.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit. 

Contact TorHoerman Law for a free consultation. 

You can use the chatbot on this page to find out if you qualify to file a Tylenol Autism Lawsuit instantly.

All Daubert briefs regarding the admission of scientific expert testimony have been submitted to Judge Cote.

Both parties have filed reply memorandums supporting their motions to exclude certain expert witnesses proposed by each side.

These reply memos counter arguments made by the opposing party in response to the initial exclusion motions.

Each individual expert witness has a separate brief, totaling several thousand pages including supporting exhibits, across three rounds of briefing.

Judge Cote will soon conduct hearings to consider these motions and may directly engage with some experts.

A hearing is planned for the week of December 5, 2023.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit. 

Contact TorHoerman Law for a free consultation. 

You can use the chatbot on this page to find out if you qualify to file a Tylenol Autism Lawsuit instantly.

Rite-Aid Corporation has filed for Chapter 11 bankruptcy protection due to the substantial costs of opioid epidemic lawsuits and recent revenue losses.

The company’s bankruptcy petition was filed in the U.S. Bankruptcy Court for the District of New Jersey, as it faces unresolved lawsuits related to its role in the opioid abuse crisis.

Rite-Aid is involved in Tylenol lawsuits, claiming that over-the-counter acetaminophen products used during pregnancy can increase the risk of autism or ADHD.

Plaintiffs intend to meet with the company’s bankruptcy counsel to discuss how the bankruptcy will impact the litigation.

The remaining cases are expected to undergo a bellwether process to gauge how juries may respond to certain evidence, potentially influencing future Tylenol settlements.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit. 

Contact TorHoerman Law for a free consultation. 

You can use the chatbot on this page to find out if you qualify to file a Tylenol Autism Lawsuit instantly.

In a collaborative letter submitted earlier today, the parties informed Judge Cote that they have completed the updates to the Plaintiff Fact Sheets.

Additionally, they have revised the health records authorization forms necessary for new plaintiffs joining the case.

These adjustments aim to address logistical challenges that have emerged and to simplify the information-gathering process for new plaintiffs.

In reaction to the Plaintiffs’ notice of their intention to submit additional expert reports from two of their experts, the defendants have raised objections.

Defendants argue that any supplementation involving the new study is belated and violates Rule 26, as it was accessible only in a pre-print version, which differs from being formally published in a journal.

In anticipation of the forthcoming Daubert hearings, Judge Cote has requested that both parties present logistical plans for the hearings.

The defendants are advocating for an extensive, week-long hearing to grant them additional time to challenge the scientific evidence.

The plaintiffs are advocating for a much more condensed process and have proposed that Judge Cote streamline the hearings by pre-identifying the experts she deems essential to hear from.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit. 

Contact TorHoerman Law for a free consultation. 

You can use the chatbot on this page to find out if you qualify to file a Tylenol Autism Lawsuit instantly.

Amid the delay of Judge Cote’s ruling related to which experts can testify in trial, plaintiffs’ attorneys have motioned for Judge Cote to exclude several defendants’ experts from testifying in trial.

The reasons for these proposed dismissals are various, but generally revolve around alleged document biases these experts may have on the litigation and the science linking acetaminophen use during pregnancy and the risk for autism and other developmental disorders.

It is unknown when Judge Cote will make her decision about these issues part of the daubert motions.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit. 

Contact TorHoerman Law for a free consultation. 

You can use the chatbot on this page to find out if you qualify to file a Tylenol Autism Lawsuit instantly. 

In April, Judge Cotes, who is presiding over the Tylenol Autism litigation, asked the FDA to submit an opinion regarding the plaintiffs’ request to place new warning labels on Tylenol containers.

The decision was to be made by September 15th, however, the FDA submitted a statement on September 8th saying that it does not want to weigh in on pharmaceutical litigation.

That said, the FDA will not release its opinion regarding the plaintiffs’ request for warning labels.

This could have significantly boosted or hindered the litigation for the plaintiffs–if the FDA agreed with the plaintiffs’ request, it would be a strong indicator in court that the government agrees that Tylenol can cause autism in newborns.

If the FDA disagreed with the plaintiffs’, then it would indicate the opposite belief, and Judge Cote would possibly have dismissed all of the cases.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit.

Tylenol Autism MDL Judge Cote will make a decision on the daubert motions that must be filed by September 19th, with a potential to greatly impact the course of the litigation.

Daubert motions are petitions to exclude expert testimony in court, and if Cote decides in favor of the plaintiffs’ and permits their expert testimony, the plaintiffs’ argument would receive a significant bolster.

Four (4) days before the daubert motions must be filed, the FDA is required to present its decision regarding the litigation about the warning labels for tylenol packaging.

This will be submitted under an extension on September 15th.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit.

Contact TorHoerman Law for a free consultation. 

You can also use the chatbot on this page to find out if you qualify for a Tylenol Lawsuit instantly.

This litigation is complicated, as it includes many defendants such as Johnson & Johnson, the retailers who sold Tylenol, and who may have also manufactured their own store branded generic acetaminophen.

There are various states in which these cases are filed, which are in the preliminary stages of litigation and a consolidated action in federal court pending in the United States District Court – Southern District of New York.

In the Southern District of New York, retailers’ motion to dismiss and court order.

The defendants, Target and CVS, filed motions to dismiss claims for cases that were governed by Texas and California State Laws.

Their argument is that laws applied to those states are contrary to FDA regulations, and the state law should be applied, dismissing the cases.

On May 15th, 2023, the Court entered an order that granted the dismissal of one case based on Texas law, and denied the motion to dismiss when applied to a similar law in California.

The court entered a discovery order which requires all claimants with pending cases to complete and produce a Plaintiff Fact Sheet, which is a tool that is used in complex litigations to assist in the gathering of information.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit.

Contact TorHoerman Law for a free consultation. 

You can also use the chatbot on this page to find out if you qualify for a Tylenol Lawsuit instantly.

The Tylenol Autism Lawsuit is ongoing.

Subject to Judge Cote’s approval, there are updated timelines to consider:

• By July 21st, the defendants must designate their experts.
• The plaintiffs, on the other hand, have until July 28th to provide their rebuttal expert report.
• Additionally, the defendants will proceed with deposing the plaintiffs’ experts.
• Once designated on July 21st, the defendants are committed to ensuring their experts are available for deposition from August 25th to September 12th.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit.

Contact TorHoerman Law for a free consultation. 

You can also use the chatbot on this page to find out if you qualify for a Tylenol Lawsuit instantly.

The defendants, Johnson & Johnson, filed an interlocutory appeal regarding the evidence used in the case.

They claim the scientific evidence proving Tylenol use during pregnancy can cause Autism spectrum disorder in children is illegitimate.

This type of appeal is seldom granted, but if the judge approves the appeal, it would likely halt the case for a year.

Legal experts say this appeal attempt will most likely be denied, as the assigned judge to the case is determined to expedite the legal process, not halt it.

Several plaintiffs have also begun filing lawsuits against store-brand Tylenol manufacturers, like Walmart.

Walmart’s Equate Acetaminophen (tylenol) has been on store shelves for years, yet Walmart did not provide any warning that the medication could cause autism in newborns.

The number of lawsuits filed against store-brand manufacturers is increasing, with Walmart being one of several stores and pharmacies that could face new lawsuits.

If you took Johnson & Johnson Tylenol or store-brand Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a lawsuit.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Tylenol Lawsuit instantly. 

Last week, a Texas judge granted a motion to dismiss failure to warn claims against retailers like CVS, Target, and Walmart.

This is in accordance with a Texas law (section 82.007 (a)) that says pharmaceutical product distributors cannot be held accountable for failing to warn consumers of risks if the packaging of the product was approved by the FDA.

The Tylenol packaging was FDA approved throughout the entire time these retailers were selling the product, so the companies cannot be sued for failing to warn the public in Texas.

This halts all cases in Texas filing failure to warn lawsuits, however other claims related to the Tylenol Autism lawsuit remain active in Texas.

In California, a similar motion to dismiss was requested by the retailers based on a very similar law, but the judge denied this request.

This indicates that the success of failure to warn claims comes down to which state the lawsuit is being filed.

If you used Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a Tylenol Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Tylenol Lawsuit instantly. 

Our Tylenol Lawyers are speaking to potential clients about their claims and determining their eligibility. 

Recently in the Tylenol MDL (Acetaminophen – ASD/ADHD Products Liability Litigation MDL 3043), Judge Cote issued an order to deny Johnson & Johnson’s motion to dismiss the Tylenol Lawsuit on the basis of preemption.

J&J’s motion stated that the plaintiff’s allegations of their failure to warn of the potential for ASD and ADHD are preempted by federal regulations on drug labeling.

Judge Cote’s order stated the fact that J&J’s preemption argument does not stand due to the fact that the federal regulations did not prevent them from adding warning labels to the drug, allowing the Tylenol Lawsuit to move forward.

These are minor hurdles in the Tylenol Litigation and are expected defense tactics from the likes of Johnson & Johnson and other major acetaminophen manufacturers.

Visit this page for more updates on the Tylenol Lawsuit.

Our Tylenol Lawyers are prepared to help you.

The Tylenol Autism ADHD Lawsuit is ongoing and lawyers across the country are accepting clients daily.

Court proceedings in the MDL are underway, and plaintiff’s lawyers drafted a possible warning label for Acetaminophen products that outlines its risks for the development of autism and ADHD.

The proposed warning drafted by the plaintiff’s counsel reads as follows:

“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.”

If you used Tylenol during pregnancy and your child was subsequently diagnosed with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), or other developmental disorders, you may be eligible to file a Tylenol Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Tylenol Lawsuit instantly.

The Tylenol Autism ADHD Lawsuit is ongoing and lawyers across the country are accepting clients and filing claims.

Over 100 cases have been consolidated in the multidistrict litigation (MDL 3043), and more are expected to be centralized in the US District Court: Northern District of California in the coming months.

If you or a loved one used Tylenol during pregnancy and your child subsequently developed Autism, ADHD or other developmental disorders, you may be eligible for a lawsuit.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to see if you qualify for a Tylenol Lawsuit in under two minutes.

The Tylenol Autism ADHD Lawsuit is moving forward and crucial steps in the setup of the multidistrict litigation (MDL) are being completed.

These steps include nailing down the process for depositions, expert witnesses, and more.

Visit this page for more updates on the Tylenol Litigation as they become available.

If you or a loved one used Tylenol during pregnancy and your child subsequently developed autism, ADHD, or other developmental disorders, you may be eligible to file a Tylenol Lawsuit on their behalf.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a lawsuit in under two minutes.

The Tylenol Lawsuit is moving along, and lawyers across the country are accepting cases and submitting them for consolidation into the MDL.

Recently, progress has been made on establishing an easier route for cases to be consolidated directly into the MDL with a short-form claim form.

Judge Cote has also begun assembling the discovery plan so that the court can work out the scientific links between the popular pain killer and neurobehavioral effects like autism and ADHD.

Visit this page for more updates as they become available.

Contact us for a free consultation, or use the chatbot on this page to see if you qualify for a Tylenol Lawsuit claim instantly.

Our law firm is accepting clients for the Tylenol Autism ADHD Lawsuit.

Each month, more and more cases are being consolidated into the Tylenol MDL.

Over 100 cases have been centralized in the multidistrict litigation so far, and more are expected to be added as time goes on.

Visit this page for more updates on the Tylenol Autism ADHD Lawsuit as they become available.

Contact TorHoerman Law for a free consultation, or use the chatbot on this page to see if you qualify for a Tylenol Autism ADHD Lawsuit instantly.

The Tylenol Lawsuit is gathering steam, with an MDL officially formed and judges and lawyers strategizing next steps.

The Judge presiding over the Tylenol MDL recently appointed a Special Master to collect information on plaintiffs who have filed claims.

Visit this page for more updates on the Tylenol Autism ADHD Lawsuit as they become available.

Contact TorHoerman Law for a free consultation, or use the chatbot on this page to see if you qualify for a Tylenol Autism ADHD Lawsuit instantly.

The Tylenol Autism ADHD Lawsuit is ongoing and lawyers across the country are still accepting new clients and filing claims on their behalf.

The Tylenol lawsuit is taking shape: an MDL has been formed and Judge Cote is scheduled to hold the first hearing for the litigation on November 17th, 2022.

Visit this page for more updates on the Tylenol Autism ADHD Lawsuit as they become available.

Contact TorHoerman Law for a free consultation, or use the chatbot on this page to see if you qualify for a Tylenol Autism ADHD Lawsuit instantly.

The Judicial Panel on Multidistrict Litigation (JPML) certified a new MDL for acetaminophen autism lawsuits, centralized in the US District Court: Southern District of New York.

This new MDL will consolidate lawsuits alleging developmental disorders from acetaminophen use while pregnant, largely naming producers and manufacturers of generic acetaminophen including Walmart, Walgreens, CVS and many others.

If you or a loved one took acetaminophen while pregnant, and the child was subsequently diagnosed with autism or ADHD, you may qualify to file a claim.

Visit this webpage for more updates as they become available.

Our lawyers are still investigating Tylenol Autism ADHD Claims and accepting clients.

If you or a loved one took Tylenol or Acetaminophen while pregnant, and your/their child was subsequently diagnosed with Autism or ADHD, you may qualify to file a claim.

Contact our legal team or use the chatbot on this page to see if you qualify for legal action instantly.

On June 10th, 2022 a motion was filed to centralize all Tylenol (Acetaminophen) Autism ADHD lawsuits.

Defendants originally had just five days to respond to the claims, but an extension was granted, and they now have until July 26th to respond.

Visit this page for more updates on the litigation as they become available.