Court Denies Rehearing in Tylenol Autism Lawsuits
The Second Circuit panel rejected an appeal from companies regarding the inclusion of expert witness testimony.
Updated on Oct. 20, 2026 in Autism
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The U.S. Court of Appeals for the Second Circuit has denied a request from companies to rehear a case involving over 500 lawsuits that allege prenatal acetaminophen use contributes to autism and ADHD. The ruling allows expert testimony that was previously excluded by a district judge to proceed in the ongoing litigation.
Why it matters
This decision marks a critical turning point for multidistrict litigation that seeks to establish whether common painkillers like Tylenol cause developmental disorders. Defendants had argued for the exclusion of expert findings, which the court panel has now ruled must be permitted for further examination.
The Second Circuit panel allowed the inclusion of testimony from three expert witnesses who previously faced exclusion under District Judge Denise Cote. These experts utilized the Bradford Hill analysis to examine potential statistical correlations between the drug and developmental outcomes.
The players
Denise Cote
She serves as a District Judge who presided over the initial exclusion of expert testimony in the acetaminophen litigation.
Robert F. Kennedy Jr.
He has published reports detailing alleged associations between the use of Tylenol and the development of autism.
The details
The appellate court disagreed with the lower court's prior determination that the experts' testimony was designed to obfuscate scientific evidence. While the FDA currently investigates a possible link between the medication and autism, the defense maintains its intention to challenge this ruling before the U.S. Supreme Court.
Timeline
In 2023, District Judge Denise Cote excluded five expert witnesses from the case.
On July 13, 2026, the Second Circuit reversed the exclusion of three expert witnesses.
On October 16, 2026, the Second Circuit denied the rehearing request.
The Big Picture
This ruling follows the pattern established by the ongoing multidistrict litigation regarding acetaminophen and autism by allowing expert evidence to advance to a potential trial phase.
Patients and parents following these developments may see increased focus on the potential risks of prenatal medication use in future clinical guidelines. Legal outcomes in this case could eventually influence standard medical advice regarding acetaminophen use during pregnancy.
The takeaway
The court's decision ensures that scientific testimony remains part of the legal record as the litigation proceeds. Families concerned about medication safety should consult their healthcare providers for the latest FDA guidance.
Further reading
For broader context on current clinical discussions, visit the Autism section.
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Should pharmaceutical companies face lawsuits over disputed health claims linked to their widely used over-the-counter medications?
