The Tylenol autism drama just won't quit. Honestly, if you’ve been following the headlines lately, it feels like a legal rollercoaster that keeps looping back just when you think it's over. For thousands of families represented by Keller Postman, the start of 2026 brings a weird mix of "case closed" and "not so fast."
Basically, the federal courts tried to shut the door on this whole thing. But now, big-time politics and a massive move by the State of Texas have kicked that door right back open.
The State of Play: Where We Stand in 2026
Right now, the big question on everyone’s mind is: is the Tylenol lawsuit dead?
The short answer: No. But it's complicated.
Most of the noise surrounds MDL 3043. That’s the "Multidistrict Litigation" in a New York federal court where hundreds of cases were lumped together. Back in late 2023 and throughout 2024, Judge Denise Cote basically gutted the federal case. She ruled that the science just wasn't there yet. She barred the plaintiffs’ expert witnesses from testifying, saying their methods for linking prenatal acetaminophen to autism and ADHD didn't meet the "gatekeeping" standards of the law.
Without experts, you don't have a case. It was a massive blow.
But Keller Postman and other lead firms didn't just pack up. They appealed. As of January 2026, we are sitting in a holding pattern while the Second Circuit Court of Appeals chews on the case. There was a huge hearing in late 2025 where the appellate judges actually seemed kinda skeptical of the total dismissal. If they decide the original judge was too harsh on the science, the federal lawsuits could roar back to life this year.
Texas Goes Rogue (and Hires Keller Postman)
While the federal case was stuck in the mud, something wild happened in late 2025. Texas Attorney General Ken Paxton decided he wasn't waiting for the New York courts. He sued Johnson & Johnson and its spin-off, Kenvue, directly in state court.
And who did he hire to lead the charge? Keller Postman.
This is a game-changer. Why? Because Texas isn't just suing for "personal injury." They’re using the Deceptive Trade Practices Act. They are arguing that the companies knew there were risks and chose to market Tylenol as the "safest" option for pregnant women anyway.
It’s a different legal strategy. It doesn't rely as heavily on proving "Drug A definitely caused Child B’s Autism." Instead, it focuses on the "lie." Did the company hide what they knew?
Why the Science is Still a Mess
You've probably heard the conflicting reports. One day a study says there’s a link; the next day, a massive Swedish study of 2.5 million kids says there isn't. It’s enough to give anyone a headache—which, ironically, you’d usually take a Tylenol for.
The legal teams are leaning on a 2021 consensus statement signed by 91 scientists. They argue that even if the link isn't 100% "proven" to a medical certainty, there was enough smoke that there should have been a fire warning on the bottle.
The "Trump Factor" and the FDA
Things got even weirder toward the end of 2025. The political landscape shifted, and suddenly, the federal government started sounding a lot more like the plaintiffs' lawyers.
- RFK Jr. and the DHHS: The Department of Health and Human Services started pushing for more transparency about acetaminophen risks.
- FDA Label Changes: There has been a slow-motion push for the FDA to finally update the label requirements.
- Political Pressure: Former (and current) administration figures have explicitly mentioned the Tylenol-Autism link in press conferences.
When the President or the Secretary of Health starts saying "Hey, maybe don't take this while pregnant," it makes it very hard for a judge to say the science is "junk."
What Most People Get Wrong About the Lawsuit
People think this is a "class action" where everyone gets a $10 check in the mail. It's not.
This is mass tort litigation. It’s individual families seeking real compensation for the lifelong costs of caring for a child with severe neurodevelopmental disorders. We’re talking about therapy, specialized schooling, and lost wages.
If the Keller Postman Tylenol lawsuit update results in a win or a settlement, we aren't looking at small change. Some legal analysts have estimated that a global settlement—if the companies ever cave—could reach the tens of billions. But we are nowhere near that yet. The companies are fighting tooth and nail, standing by their claim that acetaminophen is safe when used as directed.
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What You Should Actually Do Right Now
If you're a parent who used Tylenol during pregnancy and your child has an ASD or ADHD diagnosis, you're likely feeling stuck. Here is the reality of the situation:
- Don't panic about the federal dismissal. The appeal is very much alive. A decision from the Second Circuit is expected soon in 2026, and it could flip the script.
- Keep your records. If you have medical records showing you were advised to take Tylenol for fever or pain during pregnancy, or receipts from pharmacy loyalty programs, save them. Evidence of "usage" is the hardest part to prove years later.
- Watch the State Courts. The Texas case is the one to watch. If Keller Postman wins a victory there, it creates a blueprint for other states to follow, which puts massive pressure on Kenvue to settle everything.
- Talk to your doctor. Regardless of the lawsuits, the medical advice is shifting toward "use the lowest dose for the shortest time possible."
The "wait and see" game is frustrating. But with the Second Circuit decision looming and the Texas case heating up, 2026 is the year we finally find out if these cases will ever see a jury.
Actionable Next Steps:
- Check your old medical portals for any mention of acetaminophen recommendations during your pregnancy.
- If you haven't already, consult with a firm like Keller Postman to see if your specific timeline fits the current "statute of limitations" requirements, as these vary wildly by state.
- Monitor the Second Circuit Court of Appeals docket for Case No. 24-2594; this is the specific ruling that will decide the fate of the federal MDL.