Loverdi v. Medifast, Inc.

385 F. Supp. 3d 399
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 15, 2019
DocketCIVIL ACTION NO. 18-2196
StatusPublished

This text of 385 F. Supp. 3d 399 (Loverdi v. Medifast, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loverdi v. Medifast, Inc., 385 F. Supp. 3d 399 (E.D. Pa. 2019).

Opinion

Savage, District Judge

In this products liability case, plaintiff Angela Loverdi claims she developed hypothyroidism from ingesting soy-based dietary products manufactured, marketed, and sold by the defendant Medifast.1 To support her claim, she has proffered two experts, a medical doctor specializing in endocrinology and a nutritionist, who opine that the Medifast product increased her risk of harm and contributed to her hypothyroid condition. Medifast has moved to exclude these witnesses, contending that their causation opinions are unreliable because they are not based on scientific evidence. It also challenges the qualifications of the nutritionist. Medifast additionally seeks to exclude a third expert witness because he relies on the causation testimony of the medical doctor to opine on the adequacy of Medifast's warnings and labels.

Without the testimony of the endocrinologist and the nutritionist, Ms. Loverdi cannot prove that the Medifast product caused or contributed to her thyroid condition. Thus, Medifast has simultaneously filed a motion for summary judgment.

We conclude that the endocrinologist, although qualified, cannot support his opinion with reliable medical or scientific evidence and that the nutritionist is not qualified to render a medical diagnosis and a medical causation opinion. We do not reach a third expert's opinion regarding the necessity of the adequacy of warnings *402because there is no reliable evidence of causation. Therefore, we shall grant both Medifast's motion to exclude the testimony of Ms. Loverdi's proffered witnesses and its motion for summary judgment.

Factual Background

Angela Loverdi is a 58 year-old female with a family history of thyroid disease.2 In an effort to lose weight, she began a Medifast diet plan in March of 2016.3 The dietary program included Medifast calorie-restricted, meal substitution products.4 According to the delivery frequency, Ms. Loverdi consumed no more than two to three Medifast products daily.5 She continued to consume the diet products through late August 2016.6

In June of 2016, Ms. Loverdi began to experience "significant ... thyroid and abdominal issues and injuries," such as stomach cramps, diarrhea, constipation, heart burn, malnutrition, lethargy, irritability, insomnia, decreased concentration, anemia, lightheadedness, and thyroid issues.7 In August of 2016, she sought medical treatment from a general practitioner and an endocrinologist.8 Six months later, in January of 2017, Ms. Loverdi had her first thyroid test, revealing marked hypothyroidism and high thyroid antibody titers, "consistent with a diagnosis of Hashimoto's or autoimmune thyroid disease."9 Ms. Loverdi's endocrinologist subsequently diagnosed her with Hashimoto's disease, the most common cause of hypothyroidism.10 After taking thyroid medication, her thyroid function gradually returned to normal.11

Believing that her thyroid condition was linked to her ingestion of the Medifast product, Ms. Loverdi and her husband, Charles, filed this action. Angela Loverdi asserts claims for negligence, products liability under § 402(A) of the Restatement (Second) of Torts, breach of express and implied warranty, and misrepresentation. Charles Loverdi brings a loss of consortium claim. Ms. Loverdi contends that the soy protein ingredient in Medifast's meal plan caused her to develop hypothyroidism and her injuries were the result of Medifast's unsafe dietary products that defendants knowingly placed into the stream of commerce.12 She also alleges that Medifast failed to give proper warnings and/or disclose the risk of injury, and made misleading and false representations that its products are nutritious, healthy, and good for weight loss.13

To prove her case, Ms. Loverdi retained Dr. Jonathan Williams and Dr. Kaayla Daniel as expert witnesses to opine that her ingesting the Medifast products caused or contributed to her thyroid disease. She relies on them and Dr. Richard George to establish that Medifast failed to warn its *403consumers of the soy-based dangers of its products. Medifast challenges each of these witnesses.

Analysis

As "gatekeeper," the trial judge must ensure that expert testimony is relevant and reliable. Daubert v. Merrell Dow Pharms., Inc. , 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). Daubert and its progeny have established a three-prong test for the admissibility of scientific expert testimony. The proponent of the testimony must demonstrate: (1) the expert's qualifications; (2) the reliability of the proffered testimony; and (3) the fitness of the testimony, that is, the connection between the opinions and the issues in the case. In re Paoli R.R. Yard PCB Litig. , 35 F.3d 717, 741-743 (3d Cir. 1994) ; see also In re Zoloft (Sertraline Hydrochloride) Prod. Liab. Litig. , 858 F.3d 787, 792 (3d Cir. 2017).

Jonathan Williams, M.D., M.MSc.

Dr. Jonathan Williams opined that Ms. Loverdi's development of autoimmune-related hypothyroidism, coupled with her pre-existing risk factors, "fit[ ]" with the onset of her consumption of the soy protein-based Medifast products.14 He stated that Ms. Loverdi's consumption of the Medifast products increased her risk of developing overt hypothyroidism.15 He also opined that Medifast's products and websites were not accompanied by the proper soy-related warnings, cautions, and instructions.16

In his expert report, Dr. Williams explained that "[a]utoimmune thyroid disease is a condition wherein the body generates blocking or overstimulating antibodies affecting thyroid gland function."17 Grave's disease is typically a condition of over-stimulation of thyroid hormone production resulting in "hyperthyroidism."18 Hashimoto's disease typically blocks antibodies and prevents the formation of thyroid hormone resulting in the thyroid condition known as "hypothyroidism."19 Ms. Loverdi has Hashimoto's disease, the most common cause of hypothyroidism.20

Dr. Williams attributed three factors to Ms.

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Related

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (Supreme Court, 1993)
In Re Paoli Railroad Yard PCB Litigation
35 F.3d 717 (Third Circuit, 1994)
Carol Heller v. Shaw Industries, Inc.
167 F.3d 146 (Third Circuit, 1999)
Carmelita Elcock v. Kmart Corporation
233 F.3d 734 (Third Circuit, 2000)
David Oddi v. Ford Motor Company
234 F.3d 136 (Third Circuit, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
385 F. Supp. 3d 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loverdi-v-medifast-inc-paed-2019.