Tylenol Pregnancy Mass Tort Marketing Campaigns for Lawyers

Both sides in the federal Tylenol Autism MDL continue to await a key ruling in the case by the U.S. Court of Appeals for the Second Circuit.

 
The appellate court is weighing an appeal by the plaintiffs of U.S. District Judge Denise Cote’s 2023 decision granting summary judgment to the defendants. Cote dismissed the MDL over the question of the sufficiency of scientific evidence, excluding expert testimony presented by the plaintiffs linking prenatal use of Tylenol to autism and ADHD. Oral arguments took place in December 2024.

The status of the federal Tylenol Autism MDL remains uncertain at this time as the U.S. Court of Appeals for the Second Circuit has yet to issue its ruling in the case.

 
Plaintiffs are seeking to reverse the December 2023 decision by U.S. District Judge Denise Cote dismissing the MDL after excluding all five of the plaintiffs’ expert witnesses on general causation grounds.

 
The plaintiffs argued that prenatal exposure to Tylenol is linked to increased risks of autism spectrum disorder, but the court found their scientific evidence insufficient under federal standards.

Plaintiffs continue to await a ruling from the U.S. Court of Appeals for the Second Circuit following the dismissal of the MDL by U.S. District Judge Denise Cote.

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Meanwhile counsel for plaintiffs continue to explore alternative legal paths in state courts, where the rules for expert testimony may differ. Some families with children who were diagnosed with autism or ADHD are bringing state-based cases

As of this writing, the appellate court has not yet announced a final decision on the MDL dismissal. No significant news or updates around the litigation have been released.

Since plaintiffs last appealed MDL Judge Denise L. Cote’s granting of summary judgment in favor of the defendants, no significant updates or news around the litigation have been announced. Plaintiffs continue to wait for the Second Circurt Court of Appeals to rule on the appeal some time this year.

At this time, the appellate court has not yet issued a decision on the plaintiffs’ appeal following Judge Denise Cote’s dismissal.

Meanwhile, lawsuits continue to move forward in state courts across California, New Jersey, Delaware, and Pennsylvania. Families of children with autism or ADHD are filing claims, alleging that heavy metals in baby food from major manufacturers caused their children’s neurodevelopmental conditions.

By the end of the month and year, no updates have been announced following Judge Denise L. Cote’s decision to grant summary judgment in the Tylenol autism and ADHD MDL, which is anticipated to bring the federal litigation to a close. Plaintiffs have since filed an appeal to challenge the ruling.

While plaintiffs have filed an appeal following MDL (multi-district litigation) Judge Denise L. Cote’s dismissal of all pending federal claims and her rejection of expert testimony brought forth by the plaintiffs, no further updates have been reported. The appellate court is not expected to make a decision until 2025.

Plaintiffs in a recent 2nd Circuit appeal allege that Judge Denise Cote improperly dismissed their five causation experts by rejecting established, peer-reviewed scientific methods. They contend that the judge imposed unsupported standards and favored the FDA’s position on acetaminophen, neglecting to assess scientific reliability as required by the Daubert standard. The plaintiffs also accuse the judge of making a decision that prioritizes policy concerns over evidence widely accepted in the scientific community, which undermined the testimony of their experts.