Judge Says Ephedra Claim Need Not Adhere to Texas Causation Standard

NEW YORK, N.Y. - A plaintiff may be able to convince jurors that the stroke she suffered was caused by an ephedra-containing dietary supplement, even if her treating physician is prevented from testifying as to specific causation and there is no available epidemiological evidence supporting a similar general causation claim, a federal judge has ruled. Stafford v. Weight Warriors Inc., et al., No. 05-3021 (S.D. N.Y.).

Judge Jed S. Rakoff's March 26 decision denying summary judgment to all defendants in a Thermoslim injury case brought by Sharon Stafford states that under the appropriate circumstances, specific causation of bodily injury may …