Judge Grants Metabolife Motion for Summary Judgment Following Reconsideration of Expert Witness Testimony

SAN DIEGO-A federal judge granted Metabolife's motion for summary judgment after ruling the two pieces of literature cited by the plaintiff's expert were unreliable and failed to support his theories of general causation. Richard D. Blair, v. Metabolife International, Inc., et al., No. 01-CV-1619 (S.D. Calif).

U.S. District Judge Irma E. Gonzalez's Nov. 27 order stated that the court erred when it initially denied the supplement maker's motion for summary judgment on Aug. 27. Judge Gonzalez opined that the scientific evidence presented by plaintiff's expert Dr. Ellis Diamond fails to support his theory that ephedra can cause an ischemic stroke …