The 2nd U.S. Circuit Court of Appeals reversed a lower court's exclusion of expert testimony linking acetaminophen use during pregnancy to autism and ADHD.
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A federal appeals court on Monday revived more than 500 private lawsuits against Kenvue, the maker of Tylenol, over the painkiller's alleged link to autism. 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.
The three doctors had testified that acetaminophen use during pregnancy was tied to autism and attention deficit hyperactivity disorder (ADHD) in children. In a 64-page decision, Circuit Judge Guido Calabresi said the testimony from the three doctors reflected methodologies used by other scientists and constituted acceptable expert evidence under legal standards for admissibility.
There is no firm scientific evidence of a link between Tylenol and autism. The issue drew greater public attention after President Donald Trump and top U.S. health officials in September suggested a possible connection between the two.
The appeals court's decision means the lawsuits, which had been dismissed at the district court level, can now proceed. The ruling addresses whether the expert testimony met the threshold for reliability and relevance required to be presented to a jury.
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