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Tylenol Lawsuits: Expert Testimony, Political Influence, and the Search for Causation

In 2022, parents of children with autism and ADHD sued Kenvue, the makers of Tylenol and generic acetaminophen, for failing to sufficiently warn about an increased risk of the conditions if the medication is taken during pregnancy. The plaintiffs retained experts from institutions including Harvard and the University of Southern California to present evidence they claimed shows a causal link between acetaminophen and autism and ADHD. However, U.S. District Judge Denise Cote ruled in 2023 that the testimony and research of the plaintiffs’ expert witnesses weren’t conclusive.

In September 2025, though, the President, Health Secretary Robert F. Kennedy Jr., and other federal officials advised women not to take acetaminophen while pregnant or to give it to their babies. The Food and Drug Administration has begun changing the label for acetaminophen to say that it may be associated with an increased risk of autism and ADHD when used during pregnancy. “If you’re pregnant, don’t take Tylenol; when you have your baby, don’t give your baby Tylenol at all unless it’s absolutely necessary.”

The American College of Obstetricians and Gynecologists has stated that Tylenol is appropriate for use in pregnancy when necessary, and the organization isn’t changing its guidance at the moment.

Politicization of Medicine Could Impact Either Side of a Lawsuit

Some parents may be encouraged to bring further lawsuits against Kenvue, which could impact the market for Tylenol. While acknowledging that medical expertise resides with healthcare professionals, the President and Health Secretary have expressed their concerns regarding acetaminophen. If the public, or certain segments of the public, associate such lawsuits with a government they view as unreliable or unpopular, that could potentially persuade a jury to vote against such lawsuits. Conversely, areas of the country more supportive of this President could possibly be influenced to support such plaintiffs.

It Is Not Unusual for Experts to Be Paid

The Administration allegedly based its position on testimony from Harvard School of Public Health Dean Andrea A. Barracelli in a lawsuit from 2023. Barracelli served as an expert witness for parents and guardians of children suing Johnson & Johnson, which manufactured Tylenol at the time. U.S. District Court Judge Denise L. Cote, who was overseeing the case, threw out Barracelli’s testimony and then dismissed the case in 2024. Judge Cote wrote that Barracelli “cherry-picked and misrepresented study results and refused to acknowledge the role of genetics in the etiology.” Notably, most experts believe there is only a correlation between Tylenol and autism. Even Barracelli acknowledged there was only a “possibility of a causal relationship” between acetaminophen and autism.

Since the Administration cited Barracelli’s work, there has been discussion of the fact that the plaintiffs paid Barracelli $700 an hour for his expert testimony, for a total of $150,000. It is a common practice for parties in a lawsuit to retain and compensate expert witnesses for their specialized knowledge. The amount paid to Barracelli is not unusual in this context. Lawyers don’t have the knowledge to discuss advanced medical research or any other nuanced technical areas, and are permitted to hire experts to help them. Experts often spend long hours preparing their presentation to the jury and deserve to be compensated for their work.

Do I Need the Help of a Personal Injury Attorney?

If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.


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