Tylenol maker and pharmacy chains urge US appeals court to reconsider autism link decision

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Expert Testimony Rejected by Appeals Court":"The appeals court ruled in favor of allowing more than 500 lawsuits to proceed, despite the district judge's decision to exclude expert testimony linking Tylenol use during pregnancy to autism and ADHD in children. The defendants argue that the appeals court gave short shrift to the federal rule of evidence that makes district judges the 'true gatekeepers' who decide whether evidence is reliable enough to be admitted at trial. They claim that the appeals court's decision is an incorrect application of this rule, as lay juries are not scientists and thus lack the specialized knowledge to resolve complex and unsettled scientific questions.","

Expert Testimony Excluded by District Judge":"In July, U.S. District Judge Denise Cote in Manhattan had excluded testimony from three doctors who linked Tylenol's use during pregnancy to autism and ADHD in children. The doctors included Andrea Baccarelli, a Harvard public health dean; Eric Hollander, a psychiatry professor at Albert Einstein College of Medicine; and Brandon Pearson, a toxicologist formerly with Columbia University. The plaintiffs include parents and guardians of children allegedly affected by Tylenol.","

Defendants and Their Positions":"Albertsons, Costco, CVS, Dollar General, Dollar Tree, Family Dollar, Kroger, Safeway, 7-Eleven, Target, Walgreens, and Walmart are among the defendants. They argue that if the appeals court does not reverse its decision, it should instruct the district judge to revisit the issue. The Tylenol maker, Kenvue, is based in Summit, New Jersey, and was spun off in 2023 by Johnson & Johnson. The defendants claim that the appeals court rarely reconsiders its own decisions."}