Ashley Keller, a partner at Keller Postman LLC, has filed an appeal with the U.S. Court of Appeals for the Second Circuit, seeking to overturn sanctions imposed by U.S. Senior District Judge Denise Cote on May 8. Keller also requests the reassignment of the multidistrict litigation (MDL) concerning allegations that prenatal acetaminophen use leads to autism or ADHD to a different judge.
The sanctions stem from Judge Cote’s determination that Keller and his firm failed to comply with a protective order in the MDL. In response, Keller argues that the sanctions were unwarranted and that the case would benefit from reassignment to ensure impartiality and fairness in the proceedings.
This appeal follows a recent decision by the Second Circuit Court of Appeals, which revived over 500 lawsuits alleging that prenatal use of acetaminophen is linked to autism and ADHD. The appellate court found that Judge Cote had improperly excluded expert testimony from three doctors presented by the plaintiffs, including Andrea Baccarelli, dean of the Harvard T.H. Chan School of Public Health. The court emphasized that the experts’ methodologies were consistent with accepted scientific practices and that reasonable scientists could disagree on the interpretations of the studies in question. ([ksl.com](https://www.ksl.com/article/51597141/us-appeals-court-revives-hundreds-of-private-lawsuits-linking-tylenol-to-autism?utm_source=openai))
The reinstatement of these lawsuits has significant implications for the ongoing litigation. Kenvue, the manufacturer of Tylenol, maintains that credible, independent science shows no proven link between acetaminophen and autism or ADHD. The company has stated its intention to continue defending the safety of its product in court. ([ksl.com](https://www.ksl.com/article/51597141/us-appeals-court-revives-hundreds-of-private-lawsuits-linking-tylenol-to-autism?utm_source=openai))
As the legal proceedings continue, the focus remains on the admissibility and reliability of expert testimony, as well as the broader implications for product liability litigation and public health policy.