With the number of claims continuing to grow rapidly in the federal court system and expected to join some of the largest class tort lawsuits in the United States in the coming months, Judge Court said early in the proceedings With an aggressive pretrial schedule, the first stage of discovery begins with the exchange of documents and information regarding the link between Tylenol exposure and autism spectrum disorder or ADHD, after which the parties are expected to make sales in litigation. and initiate discovery of marketing issues.
Tylenol Autism Spectrum Disorder Litigation Discovery Adjustment Order
On Jan. 27, Judge Court discussed how discovery was coordinated with the federal MDL when a lawsuit was filed in state court that filed similar allegations that Tylenol caused autism spectrum disorder or ADHD. We have issued an order (PDF) detailing what you can do.
“This order seeks to increase judicial efficiency, avoid undue burden on parties and third parties, and promote fair resolution of all cases pursuing (Tylenol) claims,” Court said. the judge said. “To that end, this Order sets out the principles and procedures for the coordination of pretrial proceedings, including the conduct of fact-finding, in the MDL and related actions.”
The order requires federal MDL parties to lead discovery proceedings and allows state courts to adopt Judge Court’s orders to avoid duplicate discovery efforts.
Judge Cote said only state courts that have adopted a reconciliation order will be subject to discovery made or conducted in the MDL. A lawsuit filed in state court must execute an MDL protection order and ensure that the attorneys of all plaintiffs in state lawsuits have entered into agreements to participate in coordinated discovery.
“The MDL will be a prime case for discovery and pretrial proceedings,” Judge Court wrote. “Discovery in coordinated action should not delay or interfere with discovery in the MDL, nor should it occur sooner than the factual and expert discovery schedules set in the MDL.”
The order also establishes rules for coordinating written discovery, non-expert depositions, expert depositions, and discovery disputes.
February 2023 Tylenol Lawsuit Update
As part of the coordinated discovery and pretrial proceedings in the Tylenol autism case, Judge Court is expected to establish a “leadership” process. In this process, the party selects a small group claim that includes children later diagnosed with her ADHD or Autism Spectrum Disorder. It goes through a case-specific discovery and a series of initial testing days.
To help manage the rapidly growing number of cases, Judge Court will appoint a group of plaintiffs’ attorneys in various leadership roles in November 2022 to advise all plaintiffs pursuing their claims during the MDL proceedings. We have taken certain steps that are beneficial. 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.
Although the outcome of the early lead trial will not have a binding effect on other families filing lawsuits, it will be closely monitored and the average Tylenol lawsuit payout will likely indicate ADHD or Autism Spectrum Disorder. It has a significant impact on the amount of disability mediation. To avoid each case going to court in the future, you can pay to.
