ATRA warns of litigation-driven science ahead of Tylenol appeal

The American Tort Reform Association (ATRA) has announced in a press release that "made-for-litigation" science is influencing mass-tort cases, including the upcoming Tylenol appeal at the 2nd Circuit. This statement references an op-ed by its president.

According to ATRA, the Tylenol Multidistrict Litigation (MDL) is part of a broader trend it labels as "made-for-litigation" science. The association cites Judge Denise Cote’s exclusion of plaintiffs’ experts and notes that amended Evidence Rule 702 reinforces judicial gatekeeping. It argues that coordinated media and political moments risk influencing courtroom narratives before scientific consensus is established. The piece directs readers to Tiger Joyce’s New York Law Journal op-ed, highlighting reform priorities focused on stronger screening and expert reliability to protect consumers, small businesses, and legitimate claimants.

Quantitatively, ATRA links its concerns to the scale of federal multidistrict litigation, noting reports that MDLs make up "more than half" of federal civil cases—estimated between 65% to 71% in recent years. Reform advocates argue that even a modest share of unsupported claims can strain courts, increase defense costs, and delay relief for valid plaintiffs. They support early vetting measures and clearer procedural rules to reduce weak filings and prevent junk science from influencing settlements.

Case records show concrete gatekeeping outcomes in the Tylenol MDL: Judge Cote’s December 18, 2023 Daubert ruling excluded five general-causation experts after finding their methods unreliable. A subsequent opinion in July 2024 recounted this determination and cited Rule 702’s clarified standards. These rulings frame the Second Circuit appeal scheduled for this fall and illustrate how tightened expert scrutiny can recalibrate mass-tort trajectories toward higher evidentiary rigor favored by center-right policymakers.

Founded in 1986 and headquartered in Washington, D.C., ATRA is a nonprofit advocacy organization focused on civil justice policy and legislative reform. It coordinates state coalitions, publishes research and the annual "Judicial Hellholes" report, and engages with courts and policymakers to promote fairness, predictability, and economic competitiveness in litigation. ATRA’s work often aligns with business-community and Republican policy priorities emphasizing consumer cost impacts and job growth tied to legal system efficiency.