The United States Judicial Panel on Multidistrict Litigation (JPML) has appointed a Superior U.S. District Court to oversee a growing number of cases administered outside the Southern District of New York for the coordinated discovery of issues common to all claims. Appointed Judge Denise Cote. Courts establishing a “pioneer” process to help parties determine how jurors are likely to respond to particular evidence and testimony regarding the Tylenol-autism link is expected to be repeated throughout the claim.
Short Form Complaints for Tylenol Autism, ADHD Lawsuits
Last month, Judge Court outlined a timeline for establishing a streamlined process that would allow prospective plaintiffs to file claims directly with Tylenol MDL and reconcile allegations brought in various complaints.
In complex product liability cases where many individuals have made similar claims or allegations, it is common for courts to grant master and short form claims. .
In an order (PDF) issued January 9, Judge Court approved a short form complaint that must be used in filing all future cases, allowing plaintiffs to submit certain allegations from the master complaint. to allow the use of abbreviations that provide limited, case-specific information. About acetaminophen use and injuries suffered by children.
Creating a standardized complaints form will improve the ability of courts and parties to gather information on the hundreds of lawsuits expected to be filed directly in federal multidistrict litigation over the next few weeks and months. The form was proposed by plaintiffs in a letter (PDF) filed with the court earlier this week.
According to the order, plaintiffs with cases currently pending in the MDL must file a short form complaint by January 20, 2023. Lawsuits can be filed directly with his MDL or if a case is transferred from another district.
January 2023 Tylenol Lawsuit Update
In the first few weeks after the federal court focused all Tylenol autism and ADHD cases on Judge Court, dozens of complaints were filed by families across the country. Given the widespread use of Tylenol and acetaminophen during pregnancy, we expect tens of thousands of claims to be possible over the remainder of 2023.
To help manage the surge in lawsuits alleging that Tylenol caused autism or ADHD, Judge Court appointed a group of plaintiffs’ attorneys in various leadership roles in November 2022 to serve during the MDL proceedings. We have taken certain actions to the benefit of all plaintiffs pursuing their claims. However, each family will continue to maintain its own Tylenol attorney to establish that the child’s ADHD or autism diagnosis was caused by exposure to certain acetaminophen products used during pregnancy. increase.
As part of a process designed to allow parties to select a representative group of “pioneer” cases to be prepared for an early trial date, Judge Court also asked parties to consider all the cases being pursued by counsel. requested that a census be conducted and determined on the claims of Number of lawsuits or pending lawsuits faced by retailers.
Following Tylenol MDL’s concerted discovery and lead trial, if the parties failed to negotiate a reconciliation of the family’s ADHD and autism, Judge Court would allow individual claims to be held for a future trial date. may begin to be remanded to the United States District Court where it was originally filed on . .
