Judge improperly excluded expert testimony from three doctors representing the plaintiffs, court rules
Doctors and medical societies consider acetaminophen, the active ingredient in Tylenol, the preferred means to treat pain and fever during pregnancy. The 2nd U.S. Circuit Court of Appeals in Manhattan said a district court judge improperly excluded expert testimony from three doctors offered by parents and guardians who tied Tylenol use during pregnancy to autism and attention deficit hyperactivity disorder in children.
There is no firm scientific evidence of such a link. The issue drew greater attention after President Donald Trump and top U.S. health officials in September In a 64-page decision for a three-judge panel, Circuit Judge Guido Calabresi said the testimony from the three doctors, including the dean of Harvard University’s School of Public Health, reflected methodologies used by other scientists, and “constitute acceptable interpretations of scientific evidence where scientists may, and in fact do, disagree.
” Calabresi stressed that the appeals court was not deciding whether using acetaminophen causes autism or ADHD, or whether elected officials should do more to protect public health. Doctors and medical societies consider acetaminophen, the active ingredient in Tylenol, the preferred means to treat pain and fever during pregnancy.
In a statement on Monday, Kenvue maintained that Tylenol is safe, and said the decision “does not change the fact that credible, independent science shows no proven link between taking acetaminophen and autism or attention deficit hyperactivity disorder. ” Kenvue plans to again try to show in court that the opinions of the plaintiffs’ experts are unreliable. Johnson & Johnson, Kenvue’s former parent, made Tylenol for more than 60 years and has also defended its safety.
Kenvue agreedlast November to be acquired by Kleenex tissue maker Kimberly-Clark for more than US$40-billion. The transaction is expected to close this year. Kimberly-Clark did not immediately respond to requests for comment. The appeals court said the doctors whose testimony was wrongly excluded included Harvard public health dean Andrea Baccarelli; Eric Hollander, a psychiatry professor at the Albert Einstein College of Medicine, and Brandon Pearson, a toxicologist at Columbia University.
“We are pleased that the panel unanimously found that our key experts reliably applied their scientific methods and principles,” Ashley Keller, a lawyer for the parents, said in an email. Experts often play a key role in product liability lawsuits such as the Tylenol cases. Kenvue is based in Summit, New Jersey, and was spun off in 2023 by Johnson & Johnson.
The private lawsuits were dismissed in December 2024 by U.S. District Judge Denise Cote in Manhattan, who criticized the methodology of the plaintiffs’ expert witnesses. Study and track financial data on any traded entity: click to open the full quote page. Data updated as of
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