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Tylenol Reborn, Talc Setbacks, and Covidien's First Bellwether Trial
Key Takeaways
Tylenol MDL Reinstated: The Second Circuit overturned the district court's exclusion of plaintiff experts, ruling that judges should not resolve active scientific debates at the gatekeeping stage. This brings the Tylenol autism/ADHD MDL back to life, with predictions that it could become the largest mass tort in history.
Redefining the Daubert Standard: By holding that reliable expert methodologies belong in front of a jury even if opinions conflict, the Second Circuit has shifted the risk-evaluation calculus across all MDLs—and signaled a potential reversal in the upcoming Zantac appeal.
A Temporary Win for J&J in Talc: A Special Master’s report recommended excluding asbestos testing testimony from plaintiff expert Dr. Longo. While J&J is claiming victory, this is only a recommendation and far from a death knell for the 70,000 pending talc cases.
Covidien Hernia Mesh Trial Begins: The first bellwether trial involving Covidien’s Symbatex mesh has officially begun in the MDL. Covidien remains the last major standing manufacturer, holding about 25% of the market share.
Roundup Settlement Moves Forward: Despite favorable Supreme Court preemption decisions, Bayer is actively pushing forward with its $7.25 billion Missouri class action settlement, with a final approval hearing set for August 19th.
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By Jon & MarcKey Takeaways
Tylenol MDL Reinstated: The Second Circuit overturned the district court's exclusion of plaintiff experts, ruling that judges should not resolve active scientific debates at the gatekeeping stage. This brings the Tylenol autism/ADHD MDL back to life, with predictions that it could become the largest mass tort in history.
Redefining the Daubert Standard: By holding that reliable expert methodologies belong in front of a jury even if opinions conflict, the Second Circuit has shifted the risk-evaluation calculus across all MDLs—and signaled a potential reversal in the upcoming Zantac appeal.
A Temporary Win for J&J in Talc: A Special Master’s report recommended excluding asbestos testing testimony from plaintiff expert Dr. Longo. While J&J is claiming victory, this is only a recommendation and far from a death knell for the 70,000 pending talc cases.
Covidien Hernia Mesh Trial Begins: The first bellwether trial involving Covidien’s Symbatex mesh has officially begun in the MDL. Covidien remains the last major standing manufacturer, holding about 25% of the market share.
Roundup Settlement Moves Forward: Despite favorable Supreme Court preemption decisions, Bayer is actively pushing forward with its $7.25 billion Missouri class action settlement, with a final approval hearing set for August 19th.