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Where to File in California
MDL 3043 — In re: Acetaminophen — ASD/ADHD Products Liability Litigation is centralized in the Southern District of New York before U.S. District Judge Denise Cote in Manhattan. All federal Tylenol-autism cases involving prenatal acetaminophen exposure and alleged neurodevelopmental injury have been consolidated there for coordinated pretrial proceedings.
Statute of Limitations — California: California Code of Civil Procedure § 340.1 tolls the statute until the minor reaches age 18; discovery rule runs 2 years from ASD/ADHD diagnosis. Minors retain the right to file until age 20.
California cases filed in federal district court are subject to conditional transfer orders (CTOs) issued by the Judicial Panel on Multidistrict Litigation (JPML), which route them to S.D.N.Y. MDL 3043. State-court cases must be removed to federal court before transfer can occur. Cases pending in California state courts remain outside the MDL unless removed.
IMPORTANT — Case Status Uncertainty: In October 2023, Judge Cote issued a Daubert order excluding plaintiffs' general causation expert witnesses, finding their testimony failed to meet the reliability standards of Federal Rule of Evidence 702. This ruling led to mass dismissals of cases in MDL 3043. Appeals are ongoing and the litigation's viability remains significantly uncertain. Prospective claimants should consult with counsel about the current posture of the MDL before filing.