Tylenol MDL Judge Orders Briefing on Plaintiffs’ New Expert Report

NEW YORK — The judge overseeing the Tylenol (acetaminophen) MDL docket said she will consider reviewing an expert report proffered by certain plaintiffs who assert that a December Rule 702 order excluding plaintiffs’ expert witnesses does not apply to their action.

In a Feb. 16 order, Judge Denise Cote of the U.S. District Court for the Southern District of New York ordered the parties to confer and submit their proposed briefing schedules by Feb. 24 regarding the report by Roberta B. Ness, M.D., M.P.H.

In a Dec. 18 opinion, Judge Cote excluded the opinions of plaintiffs’ five causation experts. The …