Kenvue loses bid for rehearing after Tylenol autism lawsuits revived
KVUE•A US appeals court rejected Kenvue’s request to reconsider a ruling that revived about 500 lawsuits alleging Tylenol use during pregnancy is linked to autism and ADHD. The decision could pave the way for Kenvue to appeal to the US Supreme Court.
1. Rehearing request rejected
The 2nd US Circuit Court of Appeals rejected Kenvue’s request to reconsider a three-judge panel’s ruling or have the full court hear the case. The July ruling revived about 500 lawsuits filed by parents, saying a district court judge improperly excluded expert testimony from three doctors supporting their claims.
2. Potential next appeal
Kenvue had argued that district judges are the “true gatekeepers” who decide whether evidence is reliable enough to be admitted at trial. Friday’s ruling could pave the way for the company to appeal to the US Supreme Court. There is no firm scientific evidence of a link between Tylenol and autism or ADHD.
