Judge Allows Plaintiffs' Expert Testimony In Pennsylvania PPA Litigation.

September 12, 2003

PHILADELPHIA -- The judge in the Pennsylvania coordinated state PPA litigation has allowed plaintiffs' experts to "extrapolate" the findings of the Yale Hemorrhagic Stroke Project (HSP) to men and women of all ages and to ischemic stroke (In Re: Phenylpropanolamine [PPA] Litigation, No. 010900001, Pa. Comm. Pls., Philadelphia Co.).

(Opinion available. Document #28-030918-113R.)

Philadelphia County Common Pleas Court Judge Norman Ackerman ruled on the defendants' Frye motions to exclude expert testimony on Sept. 2. The HSP, issued in 2001, found a strong association between PPA and hemorrhagic stroke in women aged 18 to 49. The defendants argued that the plaintiffs' experts' opinions that PPA causes stroke in women older than 49, causes stroke in men of all ages and causes ischemic stroke did not meet the Frye standard of admissibility.

Judge Ackerman cited the recent decision in Trach v. Thrift Drug, Inc., et al. (817 A.2d 1102, 2003 WL 282804 [Pa. Super. 2003]), which held that Frye can be satisfied if there is a "strong logical inference to support extrapolation."

As to women over 49, Judge Ackerman said, "there is a strong logical inference that as a woman ages, she becomes more susceptible not only to stroke but to PPA which has already been shown to increase the risk of stroke in younger women."

He also said the extrapolation of association of PPA and stroke in men is supported by "both reason and academic literature and case reports." He said the methodology that the plaintiffs' experts used in extrapolating the HSP findings to ischemic stroke is generally accepted in the scientific community.

Judge Ackerman also commented on the testimony of defense expert Dr. Gregory William Albers, who testified during the court's July Frye hearings. Albers said in his expert report that he felt that PPA causes elevated blood pressure. He then testified on the stand that he has since changed his opinion.

"This Court is concerned about the change in the testimony of Dr. Albers from his written report without having submitted a supplemental report providing the change in testimony and the reasons for such change," Judge Ackerman said.