Acetaminophen Autism Mass Tort

Short description: Court case

On October 5, 2022, the U.S. Judicial Panel on Multidistrict Litigation (JPML) transferred[1] some 66 autism and ADHD lawsuits[2] to Senior District Judge Denise Cote in the Southern District of New York, thus consolidating all such acetaminophen birth defect cases in a mass tort.[3] The case specifically concerns the lack of warning regarding in utero use. On November 19 Judge Cote, among other matters, ruled against Walmart's preemption argument (which is often raised in pharmaceutical mass tort cases). Judge Cote likewise ruled against Johnson & Johnson in April 2023.[4] Given the significant media attention and advertising the class action has been receiving, the number of plaintiffs was widely anticipated to increase considerably.[5][6]

The case was thrown out December 18, 2023,[7] with Judge Cote writing in 148-page ruling[8] "The unstructured approach adopted by the plaintiffs’ experts permitted cherry-picking, allowed a results-driven analysis, and obscured the complexities, inconsistencies, and weaknesses in the underlying data..."[9]

## References

1. ↑ "Transfer Order". 2022-10-05. https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3043-Initial-Transfer-Order-9-22.pdf.
2. ↑ Pierson, Brendan (2022-10-06). "Mass tort launched for claims that acetaminophen caused autism, ADHD" (in en). Reuters. https://www.reuters.com/legal/litigation/mass-tort-launched-claims-that-acetaminophen-caused-autism-adhd-2022-10-06/.
3. ↑ Jackson, Irvin (2022-10-06). "Acetaminophen Lawsuits Over Autism and ADHD Risks Centralized in Federal MDL" (in en-US). https://www.aboutlawsuits.com/acetaminophen-lawsuits-over-autism-centralized/.
4. ↑ "Acetaminophen on trial over possible links to autism, ADHD". April 26, 2023. https://www.spectrumnews.org/news/acetaminophen-on-trial-over-possible-links-to-autism-adhd/.
5. ↑ Auchmuty, Matthew (2022-11-20). "Settlements for Tylenol Autism Lawsuits" (in en). https://www.dolmanlaw.com/blog/settlements-for-tylenol-autism-lawsuits/.
6. ↑ Miller, Ronald V.; Jr. (2022-11-19). "Tylenol Autism Lawsuit" (in en-US). https://www.lawsuit-information-center.com/tylenol-autism-lawsuit.html.
7. ↑ Mulvaney, Erin (19 December 2023). "Court Rejects Claims Linking Tylenol to Autism, ADHD" (in en-US). https://www.wsj.com/health/pharma/court-rejects-claims-linking-tylenol-ingredient-to-autism-adhd-307eccb5.
8. ↑ Board, The Editorial (Sep 23, 2025). "Opinion | Trump, Tylenol and the Plaintiffs Bar". https://www.wsj.com/opinion/tylenol-acetaminophen-autism-donald-trump-rfk-jr-fda-pregnant-women-548bb877.
9. ↑ "IN RE: Acetaminophen – ASD-ADHD Products Liability Litigation". https://storage.courtlistener.com/recap/gov.uscourts.nysd.587481/gov.uscourts.nysd.587481.1381.0.pdf.

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