Magistrate Opines Plaintiff's Experts' Unreliable, Recommends Award of Summary Judgment

PITTSBURGH- A federal magistrate judge recommended that two experts proffering testimony that a man's ingestion of a St. John's Wort supplement caused him to develop cataracts should be excluded because the testimony is unreliable under the requirements established in Daubert. Fabrizi v. Rexall Sundown Inc. No. 01-289 (W.D. Pa.).

U.S. Magistrate Judge Francis Caiazza also opined in his June 2 report and recommendation that Rexall Sundown should be awarded summary judgment because Joseph F. Fabrizi could not establish that the supplement caused his injury.

Fabrizi sued Rexall in 2001, asserting claims of strict liability, negligence and breach of warranty. …