No Certainty in Ephedra-Stroke Link Prior to 2002, N.Y. Judge Rules

NEW YORK - Genuine issues of material fact exist as to whether sufficient scientific medical evidence was available prior to 2002 that would have indicated to an ephedra plaintiff that his alleged injuries were related to the supplement, a federal court has held. Giordano v. Market America Inc., et al., No. 05-1018 (S.D. N.Y.).

Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York said Feb. 23 that even two years after 2002, the state of medical and scientific knowledge about ephedra created fact issues preventing those allegedly injured by the supplement to ascertain …