TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Monday, August 21, 2023

Tylenol MDL

At Barron's, Josh Nathan-Kazis has an article about the MDL in the Southern District of New York of cases alleging that Tylenol taken by pregnant mothers causes ASD and ADHD in their children.  Plaintiffs in these cases face a number of high hurdles such as causation and preemption.  The cases have survived several preliminary motions and are approaching a Daubert hearing.  I was surprised by the number of studies finding an association between the drug and the conditions, but of course that does not mean causation exists.  Kenvue, the defendant, was spun off from Johnson & Johnson, and a stock swap has just concluded.  Liability for another mass tort, the talc litigation, stayed with J&J in an attempt to make Kenvue stock more appealing to investors.  The article (behind a paywall) is here.

https://lawprofessors.typepad.com/tortsprof/2023/08/tylenol-mass-tort.html

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