Day on Torts
A jury verdict for several plaintiffs who alleged that they were injured by the weight-loss supplement Metabolife 356 was recently reversed by the 11th Cir. Court of Appeals.
The Court ruled that the expert testimony offered by the Plaintiff on the causation issue should not have survived at Daubert challenge. The Court said that neither expert used a reliable methadology to prove that Metabolife 356 causes strokes or heart attacks, either generally or in the plaintiffs. The 49-page opinion is a reminder of the risk of pushing the envelope on “new” products cases.