MDL 2436 In Re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation

The Honorable Lawrence F. Stengel, Presiding

About
Pretrial Orders
Hearing Transcripts
Opinions
Contacts

About

This Multidistrict Litigation ("MDL") was created by Order of the United States Judicial Panel on Multidistrict Litigation ("MDL Panel") on April 1, 2013. The typical case involves claims by a plaintiff from anywhere in the United States against defendant McNeil-PPC, Inc., and many other defendants as well.

In its April 1, 2013 Order, the MDL Panel found that the actions in this MDL "involve common questions of fact, and that centralization in the Eastern District of Pennsylvania will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation."

The MDL Panel noted that the actions "involve allegations that over-the-counter ("OTC") acetaminophen containing products that are marked and sold under its TYLENOL® brand-name caused liver damage, including liver failure, even when taken as directed." McNeill-PPC, Inc. and the other defendants deny these allegations.

The Panel further found that "centralization will eliminate duplicate discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary."

Pretrial Orders

Order Order Title or Topic Issued  
Case Management Order No. 1 Protective Order 02/28/2013
Case Management Order No. 2 Order Governing Method of Production 02/28/2013
Order Applicability of Case Management Order No. 1 and Case Management Order No. 2 06/19/2013
Case Management Order No. 3 Practices and procedures order 04/26/2013
Case Management Order No. 4 Plaintiffs' Steering Committee and Plaintiffs' Liaison Counsel 05/21/2013
Scheduling Order   05/22/2013
Case Management Order No. 5 Defendants' Lead and Liaison Counsel 05/22/2013
Case Management Order No. 6 Resolution of Discovery Matters 06/03/2013
Order Amending Case Management Order No. 6 11/03/2014
Case Management Order No. 7 Master Complaint, Short Form Complaint, Master Responsive Pleadings, Direct Filing and Waiver of Service of Process For Direct Filed Cases 06/17/2013
Exhibit A to Case Management Order No. 7 Master Complaint -
Exhibit B to Case Management Order No. 7 Short Form Complaint -
Exhibit C to Case Management Order No. 7 Answer to Short Form Complaint -
Case Management Order No. 7(a) Extension of Deadline to File Short Form Complaints 09/12/2013
Case Management Order No. 7(b) Amending Case Management Order No. 7 11/18/2015
Exhibit 1 to Case Management Order No. 7(b) Plaintiffs' First Amended Master Complaint and Jury Demand -
Exhibit 2 to Case Management Order No. 7(b) First-Amended Short-Form Complaint -
Case Management Order No. 8 Order Governing Method of Production Pertaining to Defendant L. Perrigo Company 06/17/2013
Case Management Order No. 9 Concerning Privilege Logs and Challenges 06/20/2013
Case Management Order No. 10 Plaintiff and Defense Fact Sheet(s) 06/20/2013
Amended Case Management Order No. 10 Amending e-mail address for Plaintiff Fact Sheets served upon McNeil 01/06/2014
Case Management Order No. 10(a) Records Collection - Supplementing and Implementing Certain Provisions of CMO No. 10 -
Order Regarding the Short Form Complaint 07/08/2013
Case Management Order No. 10(b) Defendants' Fact Sheet 08/22/2013
Case Management Order No. 11(a) Scheduling Case Management Conferences 01/08/2014
Case Management Order No. 11(b) Scheduling Case Management Conferences 10/29/2014
Case Management Order No. 11(c) Scheduling Case Management Conferences 05/05/2015
Case Management Order No. 11(d) Scheduling Case Management Conferences 07/12/2015
Case Management Order No. 11(e) Scheduling Case Management Conferences 01/05/2016
Case Management Order No. 11(f) Scheduling Case Management Conferences 05/25/2016
Case Management Order No. 12 Establishing MDL 2436 fund to compensate and reimburse attorneys 08/22/2013
Order   09/09/2013
Notice Cancelling Status Conference 09/24/2013
Case Management Order No. 13 Preliminary Discovery Plan 10/01/2013
Case Management Order No. 14 Deposition Protocol for Non-Expert Witnesses 10/03/2013
Case Management Order No. 14(a) Remote Participation at Deposition 11/19/2013
Case Management Order No. 15 Bellwether Case Selection Plan and Core Case-Specific Discovery 10/04/2013
Order   11/20/2013
Order Revising Certain Deadlines in Case Management Order No. 15 (Bellwether Case Selection Plan and Core Case-Specific Discovery) 07/23/2014
Case Management Order No. 15(a) Extension of Deadline for Parties to Select Eligible Trial Cases 03/31/2014
Case Management Order No. 16 Discovery Related to Prescription Producta and Non-Parties 01/07/2014
Case Management Order No. 17 Discovery Related to Confidential Study Data 01/27/2014
Order   01/27/2014
Order   02/10/2014
Order   12/15/2014
Case Management Order No. 18   01/28/2015
Case Management Order No. 18(a)   02/25/2015
Case Management Order No. 18(c) 1st Bellwether Case Scheduling Order 05/05/2015
Case Management Order No. 18(d) Deposition Designation Protocol and Schedule 05/18/2015
Order Applicability of Alabama law to plaintiff's claims 05/20/2015
Case Management Order No. 18(e) 1st Bellwether Case Scheduling Order 05/20/2015
Case Management Order No. 18(f) 1st Bellwether Case Scheduling Order 05/22/2015
Case Management Order No. 18(g) 1st Bellwether Case Scheduling Order 06/15/2015
Case Management Order No. 18(h) 1st Bellwether Case Scheduling Order 07/12/2015
Case Management Order No. 18(i) 1st Bellwether Case Scheduling Order 02/29/2016
Order Stipulation of Dismissal with Prejudice of Certain Claims in Plaintiff's Short Form Complaint 06/17/2015
Order Denying defendants' motion for summary judgment on plaintiff's claim under Alabama law 11/13/2015
Order Denying defendants' motion for summary judgment on plaintiff's short form complaint 11/13/2015
Order Denying defendants' motion for summary judgment on plaintiff's claim for punitive damages under Alabama law 11/13/2015
Order Denying defendants' motion for summary judgment on plaintiff's failute-to-warn claim 11/13/2015
Order Denying defendants' motion for summary judgment on plaintiff's design defect claim 11/13/2015
Order Changing monthly status conference to telephone conference 01/21/2016
Order Granting defendants' motion to supplement expert disclosures in 1st Bellwether case 01/21/2016
Order Granting plaintiffs' request for leave to serve additional requests for admissions in 1st Bellwether case 02/18/2016
Order Granting plaintiffs' request for an extension of time 02/29/2016
Order Denying in part/granting in part defendants' motion to exclude plaintiff's expert in 1st Bellwether case 03/02/2016
Order Cross noticing depositions in 1st Bellwether case 03/09/2016
Order Granting oral argument on plaintiff's motion to strike and defendants' motion to exclude causation opinion in 1st Bellwether case 04/04/2016
Order Parties to submit supplemental briefing in 1st Bellwether case 04/04/2016
Order Granting extension of time in 1st Bellwether case 04/11/2016
Order Defendants' motions in limine in 1st Bellwether case 04/19/2016
Order Granting plaintiff's request for leave to file an amended/corrected declaration in 1st Bellwether case 05/12/2016
Order Referring to magistate judge for settlement conference 05/16/2016
Order Denying defendants' motion to strike plaintiff's declaration in 1st Bellwether case 05/25/2016
Order Plaintiff's motions in limine in 1st Bellwether case 06/03/2016
Order Denying defendants' motion to exclude use of Larson article in 1st Bellwether case 07/14/2016
Order Denying defendants' motion to exclude plaintiff's expert (Davern) in 1st Bellwether case 07/26/2016
Order Denying defendants' motion to exclude plaintiff's expert (Kaplowitz) in 1st Bellwether case 07/26/2016
Order Denying defendants' motion to exclude plaintiff's expert (Smith) in 1st Bellwether case 07/27/2016
Order Denying defendants' motion to exclude plaintiff's expert (Sze) in 1st Bellwether case 07/27/2016
Order Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Rachanow) in 1st Bellwether case 07/27/2016
Order Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Blume) in 1st Bellwether case 07/28/2016
Order Denying defendants' motion to exclude plaintiff's expert (Nelson) in 1st Bellwether case 07/28/2016
Order Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Plunkett) in 1st Bellwether case 07/28/2016

Hearing Transcripts

Transcript No. Transcript Title or Topic Date Held Docket Entry No. Date Entered  
1 Initial Pretrial Conference 05/21/2013 44 - PACER
2 First Monthly Conference 06/24/2013 - - PACER
3 Second Monthly Conference 08/22/2013 - - PACER

Opinions

Case Management/Electronic Case Files (CM/ECF) contains related information.

Date Opinion Title or Topic  
05/20/2015 Applicability of Alabama law to plaintiff's claims
11/13/2015 Denying defendants' motion for summary judgment on plaintiff's claim under Alabama law
11/13/2015 Denying defendants' motion for summary judgment on plaintiff's short form complaint
11/13/2015 Denying defendants' motion for summary judgment on plaintiff's claim for punitive damages under Alabama law
11/13/2015 Denying defendants' motion for summary judgment on plaintiff's failute-to-warn claim
11/13/2015 Denying defendants' motion for summary judgment on plaintiff's design defect claim
03/02/2016 Denying in part/granting in part defendants' motion to exclude plaintiff's expert in 1st Bellwether case
04/19/2016 Defendants' motions in limine in 1st Bellwether case
06/03/2016 Plaintiff's motions in limine in 1st Bellwether case
07/14/2016 Denying defendants' motion to exclude use of Larson article in 1st Bellwether case
07/26/2016 Denying defendants' motion to exclude plaintiff's expert (Davern) in 1st Bellwether case
07/26/2016 Denying defendants' motion to exclude plaintiff's expert (Kaplowitz) in 1st Bellwether case
07/27/2016 Denying defendants' motion to exclude plaintiff's expert (Smith) in 1st Bellwether case
07/27/2016 Denying defendants' motion to exclude plaintiff's expert (Sze) in 1st Bellwether case
07/27/2016 Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Rachanow) in 1st Bellwether case
07/28/2016 Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Blume) in 1st Bellwether case
07/28/2016 Denying defendants' motion to exclude plaintiff's expert (Nelson) in 1st Bellwether case
07/28/2016 Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Plunkett) in 1st Bellwether case

Contacts

Presiding Judge: The Honorable Lawrence F. Stengel

Please Read Judge Stengel's Policies and Procedures before contacting his chambers.
Secretary/Deputy Clerk: Patricia A. Cardella
Courtroom Deputy: Laura Buenzle
Law Clerk: Melissa C. Mazur

United States District Court
Eastern District of Pennsylvania
Courtroom 3B
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (267) 299-7760
Fax: (267) 299-5068
Email: chambers_of_judge_lawrence_f_stengel@paed.uscourts.gov
Plaintiffs' Liaison Counsel: Laurence S. Berman, Esq.

Levin Fishbein Sedran & Berman
510 Walnut St.
Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Fax: (215) 592-4663
E-mail: LBerman@lfsblaw.com
Chair, Plaintiffs' Steering Committee:

Laurence S. Berman, Esq.

Levin Fishbein Sedran & Berman
510 Walnut St.
Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Fax: (215) 592-4663
E-mail: LBerman@lfsblaw.com
R. Clay Milling, Esq.

Henry Spiegel Milling LLP
950 East Paces Ferry Road, N.E.
Atlanta Plaza, Suite 2450
Atlanta, GA 30326
Telephone: (404) 832-8000
Fax: 404) 832-8050
E-mail: rcm@hsm-law.com
Defendant's Lead Counsel: Christy D. Jones, Esq.

Butler, Snow O'Mara, Stevens & Cannada, PLLC
1020 Highland Colony Parkway
Suite 1400
Ridgeland, MS 39157
Telephone: (601) 985-4523
Fax: (601) 985-4500 (facsimile)
E-mail: Christy.jones@butlersnow.com
Defendant's Liaison Counsel:

David Abernethy, Esq.

Drinker Biddle & Reath, LLP
One Logan Square
Suite 2000
Philadelphia, PA 19103-6996
Telephone: (215) 988-2700
Fax: (215) 988-2757
E-mail: David.Abernethy@dbr.com
 
Mr. Abernethy is appointed Defendants' Co-Liaison Counsel.
Alyson B. Jones, Esq.

Butler, Snow O'Mara, Stevens & Cannada, PLLC
1020 Highland Colony Parkway
Suite 1400
Ridgeland, MS 39157
Telephone: (601) 985-4427
Fax: (601) 985-4500
E-mail: Alyson.jones@butlersnow.com
 
Ms. Jones is appointed Defendants' Co-Liaison Counsel.