Loverdi v. Medifast, Inc.
Loverdi v. Medifast, Inc.
Opinion of the Court
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.
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.
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.
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.
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. ,
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.
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."
Dr. Williams attributed three factors to Ms. Loverdi's increased risk of developing hypothyroidism.
Dr. Williams opined that before starting the Medifast program, Ms. Loverdi "probably had a 25 percent chance, 35 percent chance of developing hypothyroidism because of her genetic predisposition, which is probably three, four, five times the background rate of a female, 50 year-old-Caucasian."
Dr. Williams acknowledged that consumption of soy protein is generally safe.
Dr. Williams is qualified to render an opinion in the field of endocrinology. He is a full-time board-certified endocrinologist at Brigham and Women's Hospital and the Boston VA Healthcare System.
Medifast does not, nor could it, challenge Dr. Williams' qualifications as an expert endocrinologist. Medifast attacks his opinions as unreliable.
Dr. Williams couched his opinion in qualified terms. He candidly admitted that there are no tests or studies that show that soy contributes to hypothyroidism in those predisposed to the condition, which he characterized as "unhealthy individuals." He conceded that "[q]uestions remain regarding the susceptibility of non-healthy individuals, such as those with autoimmune tendency as Ms. Loverdi, to develop overt hypothyroidism when exposed to a soy product."
Although Dr. Williams conceded that there has been no specific study involving "at risk" individuals such as Ms. Loverdi, he reiterated that research on soy and hypothyroidism with this population still "needs further study."
Dr. Williams' testimony does nothing more than impermissively shift the burden of proof from the plaintiff to the defendant. He suggests that Medifast must prove the negative-that soy does not increase the risk of hypothyroidism for one predisposed to the condition when he himself cannot prove that it does.
In his deposition, Dr. Williams could point to only one study he claimed supports a possible link between soy and hypothyroidism.
Dr. Williams acknowledged that Ms. Loverdi would have had to consume the minimum amount of soy protein that the subjects in the study consumed to develop overt hypothyroidism. Yet, he did not know how much she had actually consumed and conceded it likely did not reach triggering levels. Significantly, Dr. Williams also conceded that the authors of the study were unable to replicate the results in a repeat study of patients with subclinical hypothyroidism, ultimately concluding that soy consumption "was not associated with either deterioration of thyroid function or an increased rate of thyroid failure...."
*406The reliability requirement ensures that the expert's opinion is supported by appropriate validation which establishes the standard of evidentiary reliability. Daubert ,
Dr. Williams' testimony linking Ms. Loverdi's hypothyroidism to her ingestion of Medifast products is not based on reliable medical and scientific evidence. It is unsupported speculation. He cannot point to any reliable data that supports a causal link between soy-based foods and hypothyroidism. In fact, he acknowledges that such a connection has not been proven and further study is needed. Thus, Dr. Williams' unsupported opinion that Medifast products caused or increased the risk of Ms. Loverdi's hypothyroidism is unreliable.
Kaayla Daniel, Ph.D.
Dr. Kaayla Daniel opined that due to Ms. Loverdi's health issues, she was at a "tipping point" where soy "pushed her over the edge" to develop thyroid disease.
Qualifications
Dr. Kaayla Daniel is a nutritionist. She has a Bachelor of Arts degree in foreign literature and a Master of Science degree in the humanities from the University of Rochester.
As a threshold matter, Medifast contends that Dr. Daniel is not qualified to opine on medical causation or give testimony regarding appropriate labeling of food products.
Although Dr. Daniel stated that her book itself cites "numerous studies which indicate that soy may not be healthy for certain individuals in the population," Ms. Loverdi concedes that Dr. Daniel did not cite these in her expert report.
Dr. Daniel is not qualified to offer a medical opinion. She is not a medical doctor and is not qualified to make medical diagnoses.
Reliability
Not only is Dr. Daniel unqualified, her methodology in reaching her opinions is unreliable. She admitted that substantial evidence shows that soy protein is generally regarded as safe for healthy individuals.
Dr. Daniel testified that she can cite to "massive research for many years," including "70 years of studies having to do with the dangers of soy to the thyroid."
We conclude that Dr. Daniel is not qualified to offer opinions as to causation and appropriate warnings. Additionally, she has not proffered a reliable methodology to support her causation opinions. Instead, she parrots Dr. Williams' opinions. Hence, her testimony is precluded as unreliable for the same reasons Dr. Williams' is. See Oddi v. Ford Motor Co. ,
Richard George, Ph.D.
Medifast also challenges Dr. Richard George, who has opined that Medifast's website and packaging failed to contain adequate soy-related warnings and that Medifast's website was deceptive and misleading to consumers such as Ms. Loverdi.
In his deposition, Dr. George testified that he did not have "any expertise one way or the other as to whether or not soy protein in Medifast products causes hypothyroidism."
Dr. George's testimony regarding warnings is relevant only if Medifast's soy-based product was defective and dangerous. Without expert opinion that soy is linked to hypothyroidism, there is no predicate for the need for warnings. Hence, we need not address the admissibility of Dr. George's testimony.
Conclusion
Dr. Jonathan Williams and Dr. Kaayla Daniel's opinions are unreliable. Also, Dr. Daniel is unqualified to render an expert causation opinion. Dr. Richard George's opinions on the necessity and the adequacy of warnings relies on the unreliable opinions of Dr. Williams. Therefore, we shall grant Medifast's motion to exclude plaintiffs' experts.
Medifast has moved for summary judgment, contending that Ms. Loverdi cannot prove her claims without expert testimony. Ms. Loverdi agrees. Now that we have precluded expert opinion that the Medifast soy-based products caused or increased the risk of harm to her, Ms. Loverdi cannot prove her case. Therefore, we shall grant judgment in favor of Medifast. See Heller v. Shaw Indus., Inc. ,
The amended complaint names four defendants, Medifast, Inc., Take Shape for Life, Inc., Jason Pharmaceuticals, Inc., and Optavia LLC. Am. Compl. (ECF No. 6). It is not clear how the four defendants are related or what role each played in the manufacture, marketing, distribution, and sale of the products. For purposes of this motion, it does not matter. The defendants will be referred to in the singular as "Medifast."
Defs.' Statement of Undisputed Facts in Support of Defs.' Mot. for Summ. J. ¶ 3 (ECF No. 19-3) ("DSUF").
Am. Compl. ¶ 13; DSUF ¶ 4.
Am. Compl. ¶ 13; DSUF ¶ 4.
Am. Compl. ¶ 14; DSUF ¶ 6; Williams Dep. 97:17-98:1 (ECF No. 18-5).
Am. Compl. ¶ 14.
Id. ¶¶ 12-16, 19-24.
A. Loverdi Dep. 29:10-17 (ECF No. 18-3).
Id. 188:9-11; DSUF ¶ 11; Williams Dep. 35:10-36:5; Williams Report at 4 (ECF No. 18-4).
A. Loverdi Dep. 188:9-11; DSUF ¶ 11; Williams Dep. 35:10-36:5; Williams Report at 4.
Williams Report at 3.
Am. Compl. ¶¶ 7-11.
Id. ¶¶ 11-12, 27-28.
Williams Report at 4.
Id. at 4-5.
Id. at 3.
DSUF ¶ 11; Williams Dep. 35:10-36:5; Williams Report at 4.
Williams Report at 3-4.
Id. at 3.
Williams Dep. 54:3-6.
Williams Report at 4.
Williams Report at 2; Williams Dep. 10:3-12.
Williams Report at 2; Williams Dep. 10:3-12.
Williams Report at 2.
Defs.' Mot. to Exclude Expert Witnesses at 6 (ECF No. 18-2) ("Mot.").
Mot. at 7; Williams Dep. 48:1-20, 81:11-14.
Mot. at 7 (citing 2015 European Food Safety Authority publication reviewing eleven published studies examining soy's potential effect on the thyroid involving 925 patients taking soy protein supplements and 576 serving as controls and concluding that the administration of the soy "is not associated with clinically relevant changes in thyroid function" (ECF No. 18-8)).
Mot. at 7 (citing www.thyroid.org and www.mayoclinic.org).
Williams Rep. at 4.
Williams Dep. 94:5-15 (citing Thozhukat Sathyapalan et al., The Effects of Soy Phytoestrogen Supplementation on Thyroid Status and Cardiovascular Risk Markers in Patients with Subclinical Hypothyroidism : A Randomized, Double-Blind, Crossover Study , Volume 96, The Journal of Clinical Endocrinology & Metabolism, 1442-49 (2011) (ECF No. 18-12) ("Sathyapalan 2011 Study")).
See Sathyapalan 2011 Study at 1443.
Ms. Loverdi's thyroid levels were first tested in January of 2017. See A. Loverdi Dep. 188:9-11; Williams Report at 4.
See Williams Dep. 109:11-113:7; Thozhukat Sathyapalan et al., The Effect of Phytoestrogen on Thyroid in Subclinical Hypothyroidism : Randomized, Double Blind, Crossover Study , Volume 8, Frontiers in Endocrinology, 1-6 (2018) (ECF No. 18-13).
Pls.' Opp'n to Mot. at 25 (ECF No. 21) ("Opp'n"); Daniel Dep. 33:21-34:1, 36:21-23 (ECF No. 18-10).
Daniel Report at 8 (ECF No. 18-14).
Daniel Dep. 15:15-21, 21:18-23, 25:19-20.
Daniel Report at 13.
Mot. at 24-25.
Opp'n at 24.
Daniel Dep. 25:21-26:6, 28:1-6.
Daniel Dep. 38:3-5.
Daniel Dep. 26:7-22.
Daniel Dep. 38:2-5, 59:9-15, 66:16-19.
Opp'n at 27.
Daniel Dep. 47:22-24, 49:1-9, 70:16-17.
Daniel Dep. 53:3-54:1, 73:24-74:5.
George Report at 11-13 (ECF No. 18-18).
George Dep. 65:15-18 (ECF No. 18-17).
Reference
- Full Case Name
- Angela LOVERDI and Charles Loverdi v. MEDIFAST, INC., Take Shape for Life, Inc., Jason Pharmaceuticals, Inc. and Optavia, LLC
- Status
- Published