Where to File in New York
MDL 3043 — In re: Acetaminophen — ASD/ADHD Products Liability Litigation is centralized in the Southern District of New York before U.S. District Judge Denise Cote in Manhattan. All federal Tylenol-autism cases involving prenatal acetaminophen exposure and alleged neurodevelopmental injury have been consolidated there for coordinated pretrial proceedings.
Statute of Limitations — New York: New York CPLR § 208 tolls limitations for minors until age 18; 3 years from ASD/ADHD diagnosis under the discovery rule. Claims filed directly in S.D.N.Y. MDL 3043 avoid separate state-court transfer.
New York plaintiffs may file directly in S.D.N.Y., the MDL's home district, bypassing the JPML transfer process entirely. Cases filed in the Eastern or Southern District of New York are assigned to Judge Cote's docket without a separate transfer order.
IMPORTANT — Case Status Uncertainty: In October 2023, Judge Cote issued a Daubert order excluding plaintiffs' general causation expert witnesses, finding their testimony failed to meet the reliability standards of Federal Rule of Evidence 702. This ruling led to mass dismissals of cases in MDL 3043. Appeals are ongoing and the litigation's viability remains significantly uncertain. Prospective claimants should consult with counsel about the current posture of the MDL before filing.
Your Legal Team
Rachel Okonkwo
Partner
New York, NY
Rachel Okonkwo practices at the intersection of pharmaceutical science and complex federal litigation, with 17 years of experience in pharmaceutical mass tort proceedings in the Southern District of New York and Second Circuit. She has closely followed MDL-3043 since its formation and attended the November 17, 2025 Second Circuit oral arguments in person. Rachel's background in biochemistry and molecular biophysics allows her to engage directly with the scientific literature on prenatal acetaminophen exposure, endocrine disruption, and neurodevelopmental risk — and to identify the methodological arguments most likely to succeed on appellate review. She represents plaintiffs whose federal MDL claims were dismissed and who are seeking to preserve their rights pending the Second Circuit ruling, as well as New York claimants evaluating state court options. Rachel is frequently consulted by other plaintiff's attorneys on Second Circuit appellate strategy for pharmaceutical mass tort cases.
Education
- J.D., Columbia Law School (2009)
- B.S., Biochemistry and Molecular Biophysics, Columbia University (2006)