MDL NO. 1407United States District Court, W.D. Washington, at Seattle
April 7, 2003
ORDER RE: APRIL 7, 2003 STATUS CONFERENCE
BARBARA JACOBS ROTHSTEIN, United States District Judge.
The court held a status conference on April 7, 2003. In that conference, the court addressed details associated with the upcomingDaubert hearing. The court ruled as follows:
1. The issues for the Daubert hearing are further narrowed since the court’s April 4, 2003 order. The court does not find sufficient scientific basis for admitting expert testimony concerning an association between PPA and seizures, or as to hemorrhagic strokes occurring more than three days after ingestion of a PPA-containing product. As such, these topics need not be addressed at the Daubert
hearing.
2. The Daubert hearing will begin on April 28, 2003 at 9:00 a.m. and will comprise four days in total, two days for each side. An hour and a half (1 1/2) will be allotted for each witness.[*] The court does not see a need for opening statements, but will reserve a ruling as to the need for closing statements.
3. The parties will each have seven expert witnesses testify at the Daubert hearing. The following experts will testify on behalf of plaintiff s: Dr. Walter Molofsky; Dr. Edward Feldman; Dr. James R. McDowell; Dr. Alan Woolf; Dr. Paul R. Pentel; and Dr. Richard W. Clapp. Plaintiffs will provide the name of a cardiac injury expert no later than Friday, April 11, 2003. The following experts will testify on behalf of defendants: Dr. Gregory W. Albers; Dr. R. Steve Roach; Dr. Ralph L. Sacco; Dr. Thomas M. Michel; Dr. Bryce Weir; Dr. Leo Nelson Hopkins; and Dr. Brian B. Hoffman.
4. The parties will exchange their Daubert exhibits prior to the hearing. Plaintiffs will provide their exhibits as of April 18, 2003, and defendants will provide their exhibits as of April 22, 2003. The parties will also provide copies of those exhibits for the court, the court reporter, and the expert witnesses.