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Metabolife defense verdict

This article was originally published in The Tan Sheet

Executive Summary

Supplement marketer's conduct did not cause an Upland, Calif. man's personal injuries, Rancho Cucamonga, Calif. state court jury concludes Dec. 12. Plaintiff Tom Hendriksen alleged he suffered a stroke at age 47 after using ephedra-containing Metabolife 356. Company argued plaintiff had numerous risk factors contraindicated on product labeling - including diabetes, hypertension, high cholesterol, atherosclerosis - and there was no proof the product caused his injury. Even though jury found Metabolife liable for design defect, negligence, false representation and concealment of a material fact, panel did not award any damages and concluded company did not breach an express warranty of safety. This is the second personal injury lawsuit to go to verdict against Metabolife and the first to result in a no damages award; an Alabama jury returned a $4.1 mil. verdict in four consolidated cases last month (1"The Tan Sheet" Nov. 25, 2002, p. 3)...

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