Acetaminophen Autism Mass Tort

On October 5, 2022, the U.S. Judicial Panel on Multidistrict Litigation (JPML) transferred[1] some 66 autism and ADHD lawsuits[2] to Senior District Judge Denise Cote in the Southern District of New York, thus consolidating all such acetominophen birth defect cases in a mass tort.[3] The case specifically concerns the lack of warning regarding in utero use. On 2022-11-19 Judge Cote among other matters ruled against Walmart's preemption argument (which is often raised in pharmaceutical mass tort cases). Judge Cote likewise ruled against Johnson & Johnson in April 2023.[4] Given the significant media attention and advertising the class action has been receiving, the number of plaintiffs is widely anticipated to considerably increase.[5][6]

The case was thrown out December 18, 2023,[7] with Judge Cote writing "“The unstructured approach adopted by the plaintiffs’ experts permitted cherry-picking, allowed a results-driven analysis, and obscured the complexities, inconsistencies, and weaknesses in the underlying data..."[8]

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1. ↑ "TRANSFER ORDER". 2022-10-05. https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3043-Initial-Transfer-Order-9-22.pdf.
2. ↑ Pierson, Brendan (2022-10-06). "Mass tort launched for claims that acetaminophen caused autism, ADHD" (in en). Reuters. https://www.reuters.com/legal/litigation/mass-tort-launched-claims-that-acetaminophen-caused-autism-adhd-2022-10-06/.
3. ↑ Jackson, Irvin (2022-10-06). "Acetaminophen Lawsuits Over Autism and ADHD Risks Centralized in Federal MDL" (in en-US). https://www.aboutlawsuits.com/acetaminophen-lawsuits-over-autism-centralized/.
4. ↑ "Acetaminophen on trial over possible links to autism, ADHD". April 26, 2023. https://www.spectrumnews.org/news/acetaminophen-on-trial-over-possible-links-to-autism-adhd/.
5. ↑ Auchmuty, Matthew (2022-11-20). "Settlements for Tylenol Autism Lawsuits" (in en). https://www.dolmanlaw.com/blog/settlements-for-tylenol-autism-lawsuits/.
6. ↑ Miller, Ronald V.; Jr. (2022-11-19). "Tylenol Autism Lawsuit" (in en-US). https://www.lawsuit-information-center.com/tylenol-autism-lawsuit.html.
7. ↑ Mulvaney, Erin. "Court Rejects Claims Linking Tylenol to Autism, ADHD" (in en-US). https://www.wsj.com/health/pharma/court-rejects-claims-linking-tylenol-ingredient-to-autism-adhd-307eccb5.
8. ↑ "IN RE: Acetaminophen – ASD-ADHD Products Liability Litigation". https://storage.courtlistener.com/recap/gov.uscourts.nysd.587481/gov.uscourts.nysd.587481.1381.0.pdf.

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