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Rechtszaak Dymetadrine Xtreme na hersenbloeding
De Californische Mark Hagen was 39 toen hij een beroerte kreeg.
Die morgen had hij twee pillen van
Dymetadrine Xtreme genomen voordat hij naar de sportschool ging om te trainen. Hagen slikte die al een maand omdat
hij wilde afvallen.
Hagen heeft de maker van het supplemen voor de rechter gedaagd omdat hij nu gehandicapt is en
waarschijnlijk nooit meer helemaal zal herstellen. De fabrikant wijst echter alle verantwoordelijkheid van de hand en
zegt dat de beroerte werd veroorzaakt door Hagens slechte genen.
Dymetadrine Xtreme bevat een efedra-extract, cafeďne en wilgenbast.
Jennifer Liberto.
Stroke victim sues maker of diet supplement.
The Saint Petersburg Times, 4-10-2003.
Man sued store after having stroke
By Penni Crabtree
SAN DIEGO UNION-TRIBUNE
August 26, 2004
A California man who suffered a stroke after taking an ephedra
product won a $4.1 million jury award yesterday against the Los
Angeles retail store that sold it to him.
The decision, which appears to be the first of its kind, could set a
dire precedent for other retailers. Companies including Wal-Mart and
General Nutrition Centers have been named as co-defendants in scores
of personal injury and product liability lawsuits against dietary
supplement companies that marketed the now-banned products.
Mark Hagen, a former Culver City police officer who suffered a
massive stroke in February 2002 after taking an ephedra product
called Dymetadrine Xtreme, alleged that retailer Fox Nutrition was
negligent when it stocked the potentially dangerous product on its
shelves.
Hagen also sued AST Sports Science, the marketer of Dymetadrine, but
the Colorado company filed for bankruptcy and had no insurance,
according to John Tiedt, an attorney for Hagen.
The Los Angeles Superior Court jury initially awarded Hagen $6.9
million, but reduced it by 40 percent because of Hagen's
contributing negligence. The warning label on the ephedra product
advised consumers to seek a doctor's advice if taking a prescription
drug; Hagen was taking a prescription drug at the time but didn't
consult his physician.
The jury reached its decision in part after hearing testimony from
one of Fox Nutrition's owners, Gerald Brainum, who admitted he was
aware of the controversy surrounding ephedra and had read several
medical journal reports that warned of the herbal stimulant's link
to consumer deaths and serious injuries.
Jury foreman Cal Torrance of Chatsworth said the judgment against
Fox Nutrition should send a message to other retailers.
"Fox Nutrition's owners took the position of 'we won't give advice,
don't ask us questions' and tried to insulate themselves – and that
was unfair," said Torrance.
"What we are saying as a jury is that if you are going to sell
something that is dangerous, you better warn the consumer or take it
off your shelf," Torrance said. "If you don't, and someone is
injured, you are at least partly at fault."
Matthew Trostler, an attorney for Fox Nutrition, did not return
phone calls. Fox Nutrition could not be reached for comment.
Deep-pocket retail chains could find themselves increasingly on the
hook for such judgments, especially in cases where dietary
supplement companies have filed for bankruptcy protection.
Though many retail stores required ephedra supplement makers to have
product liability insurance, and to indemnify the stores against
claims, Tiedt said some companies may not have adequate assets or
insurance. In such cases, he said, the retailer is exposed.
"In the boardrooms of Wal-Mart and other big retailers, they will
hear about this verdict and will be thinking about it," Tiedt said.
Last fall, New Jersey's Nutraquest, a company formerly known as
Cytodyne Technologies whose Xenadrine RFA-1 ephedra pill was linked
to the death of Baltimore Orioles pitcher Steve Bechler, filed for
bankruptcy protection. Twinlab Corp., which sold ephedra supplements
under the brands Ripped Fuel and Metabolift, also has filed for
bankruptcy.
General Nutrition Centers, the world's largest retailer of
nutritional supplements, has been named in numerous lawsuits against
ephedra companies, as have Wal-Mart and other major retail chains.
Many retail chains pulled ephedra products from their shelves early
last year before the federal ban was imposed, citing consumer
concerns, liability insurance costs and hundreds of lawsuits
alleging ephedra-related injuries.
Robert Fellmeth, executive director of the Center for Public
Interest Law at the University of San Diego, said such actions may
prove to be too little and too late.
"This is going to be a trend, and a welcome trend," Fellmeth said.
"These stores that buy this stuff, stock it and profit by it should
be in the line of responsibility and accountability to consumers,
especially in the area of herbal medicines where we've allowed such
broad and dangerous regulatory exemptions."
Jury Awards Ex-Policeman $4.1 Million in Ephedra Case
Los Angeles Times
August 27, 2004
By Hector Becerra
A Chatsworth jury awarded $4.1 million to a former Culver City police
officer who suffered a massive stroke after taking an energy-boosting
supplement containing the since-banned herbal supplement ephedra.
The jury found retailer Fox Nutrition Inc. of Los Angeles negligent for
selling Dymetadrine Xtreme, a dietary supplement, without properly warning
of its potential health risks.
On Feb. 11, 2002, Mark Hagen, 42, then a Culver City police sergeant,
suffered a massive hemorrhagic stroke that caused brain damage and severe
disabilities that included limited speech, double vision and the inability
to walk without aid.
On Wednesday, the jury awarded Hagen $6.9 million, but reduced the amount
by 40% after finding that he bore some responsibility for his injuries.
He took Dymetadrine Xtreme on and off for 18 months despite directions
that it be used for no more than 12 weeks. Hagen, a fitness buff, also
used the product while taking prescription drugs, including Vicodin, and
had used other products containing ephedra since 1993, according to
testimony.
The Colorado-based manufacturer of Dymetadrine Xtreme, AST Sports Science
Inc., filed for bankruptcy in April. A Fox Nutrition attorney did not
return calls seeking comment.
In April, the federal Food and Drug Administration banned ephedra after it
was linked to more than 150 deaths. The supplement is an herbal version of
pseudoephedrine, a drug found in many over-the-counter cold and allergy
medications. Ephedra is believed to suppress appetite and burn fat while
increasing blood pressure and heart rate.
Jurors said Fox Nutrition should have been aware of the product's health
risks and done a better job of warning customers. An expert for the
plaintiff testified that the product's label was deficient in providing
directions for the supplement's use.
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[Definitie:] "An ergogenic aid is any substance or phenomenon that enhances performance."
(Wilmore and Costill) 
