Judge Finds Expert's Ephedra Testimony Deficient, But Refuses to Strike It

BIRMINGHAM, Ala. - A federal judge overseeing an ephedra personal injury case has refused to strike the causation testimony of a plaintiff's expert witness, despite finding that it does not comply with federal rules of civil procedure. McLain v. Metabolife International, Inc., No. 01-BU-1801-S (N.D. Ala.).

Judge H. Dean Buttram Jr. noted in an order entered Jan. 23 in the U.S. District Court for the Northern District of Alabama that testimony offered by Hisham Hakim M.D. is likely deficient under Rule 26(a) of the federal rules.

"Not one of the reports specifically links ephedra, ingested in a particular frequency and …