PPA Plaintiff Can't Proceed Without Evidence She Suffered Stroke

HATTIESBURG, Miss. - A plaintiff who could not show that her brain damage was caused by stroke, rather than the heart attack she suffered after taking Tavist-D, cannot sue the manufacturer of the PPA-containing cold medicine, a judge has ruled. Buxton v. Lil' Drug Store Products Inc., et al., No. 02-178 (S.D. Miss.).

U.S. District Judge Keith Starrett of the Southern District of Mississippi held Aug. 1 that an eleventh-hour affidavit from plaintiff Delois Buxton's causation expert indicating for the first time that she suffered a stroke is not enough to create an issue of fact sufficient to pursue her …