Tylenol Autism Lawsuit in New York

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People's Justice Legal Research Team
Filing Venue

Where to File in New York

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 — New York: New York CPLR § 208 tolls limitations for minors until age 18; 3 years from ASD/ADHD diagnosis under the discovery rule. Claims filed directly in S.D.N.Y. MDL 3043 avoid separate state-court transfer.

New York plaintiffs may file directly in S.D.N.Y., the MDL's home district, bypassing the JPML transfer process entirely. Cases filed in the Eastern or Southern District of New York are assigned to Judge Cote's docket without a separate transfer order.

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.

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