Judge Strikes Case-Specific Testimony Ahead of Ephedra Trial

NEW YORK - Two case-specific expert reports linking ephedra to a plaintiff's hyperthermic event have been stricken for failing to adhere to the MDL court's mandate that such testimony can only be proffered by so-called generic experts called to testify at trial. Matheny v. Body Dynamics Inc., et al., No. 04-8556 (S.D. N.Y.).

The ruling, handed down Oct. 3 by Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York, fortifies the court's prior position that case-specific experts may not offer new testimony about the inherent properties of ephedra and its alleged capacity to …