A federal appeals court on July 13 revived litigation against the maker of Tylenol, ruling that a federal judge went beyond her authority by excluding the testimony of at least three experts called by plaintiffs who say the manufacturer failed to warn them that Tylenol’s active ingredient could cause autism spectrum disorder (ASD) or attention-deficit/hyperactivity disorder (ADHD).
U.S. district judges serve to ensure expert testimony rests on a reliable foundation and is relevant to the case at hand, a panel of judges for the U.S. Court of Appeals for the Second Circuit said.
U.S. District Judge Denise Cote exceeded that authority by excluding the testimony of Dr. Andrea Baccarelli, Dr. Eric Hollander, and Brandon Pearson, the panel said, and she may have gone beyond her authority by excluding the testimony of Dr. Roberta Ness….