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ARTICLE · 12 FEBRUARY 2024

In Re Acetaminophen MDL Reiterates That Cherry-Picking Data And Exceeding Study Limitations Are Unreliable Expert Methodologies

Winston Taylor
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The Southern District of New York's recent opinion in the In re Acetaminophen MDL establishes strong guardrails regarding how expert witnesses can rely on studies and data in support of their opinions.

United StatesConsumer Protection
Sarah Krajewski
Sarah Krajewski
Savannah Murin
Savannah Murin
Rand Brothers
Rand Brothers

The Southern District of New York's recent opinion in the In re Acetaminophen MDL 1 establishes strong guardrails regarding how expert witnesses can rely on studies and data in support of their opinions. By way of background, In re Acetaminophen involves more than 600 plaintiffs who allege that the manufacturer and retailers of acetaminophen products failed to warn that children may develop autism spectrum disorder (ASD) or attention-deficit hyperactivity disorder (ADHD) from in utero exposure to the drug.2 In an opinion issued on December 18, 2023, Judge Denise Cote of the Southern District of New York excluded all five of the plaintiffs' general causation experts as unreliable.3

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