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Case ID: 4373 | Drugs / Medical | 08/04/2005
An Illinois woman who suffered a hemorrhagic stroke after taking an herbal dietary supplement Stacker 2 filed a class action suit against manufacturer NVE Pharmaceuticals and Quik Trip convenience store. The case was filed by her East Alton, Illinois attorneys in U.S District Court of Southern Illinois on July 15, 2005.
Marguerite Johnson claims the product’s health hazards were purposefully downplayed and understated. “Much of the truth is now known about Stacker 2,” the complaint states. “Stacker 2 can raise the blood pressure, increase the heart rate, and can cause seizures, strokes, brain injury, heart failure and sudden death." “Instead of pulling Stacker 2 from the market, defendants kept selling the product and allowed the plaintiff to take Stacker 2 and suffer a hemorrhage stroke" the complaint continues. Ms. Johnson bought the supplement from a Quik Trip convenience store in O'Fallon, Illinois and ingested it on Oct. 22, 2003. She is seeking to recover damages on counts of product liability, negligence, breach of warranty and deceit and fraud. The suit claims federal court venue is appropriate because there is a “diversity of citizenship” and “damages exceed the jurisdictional amount required.” “Stacker 2 was defective because, for example, it combined ephedra extract and kola nut extract,” according to the suit. The Food and Drug Administration has banned the use of ephedra in dietary supplements. Johnson also claims the product’s labeling was defective because the warnings could not “reasonably be expected to catch the attention of a reasonably prudent person” and were not “comprehensible to the average person.” At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest Lawyers filed a class-action lawsuit against Kaiser Permanente on behalf of patients of the HMO's troubled kidney-transplant program, which shut down in May 2006 amid federal and state investigations. The complaint, filed in San Francisco Superior Court, accuses Kaiser of fraud, negligence and mismanagement in its ability to properly administer the kidney transplant program, which included 2,000 patients in Northern California. Kahn Gauthier Swick is seeking persons who have used over-the-counter homeopathic nasal solutions Zicam or Cold-Eeze, and who have suffered an intense burning sensation in their nasal cavities immediately after using either of the products followed by a loss of smell and taste long after they were over their cold. If you or a loved one has used either of these preparations, please contact Kahn Gauthier for more information. Barbara Davison, a former resident of Shoreline Healthcare Center in Long Beach, California filed a class-action lawsuit against Nursing Home operator The Ensign Group for understaffing. The lawsuit alleges unlawful business practices, unfair and fraudulent business practices, and violations of health and safety codes. In this day of incurable transmissible diseases, it would be nice to be confident that the needle that gets stuck in your arm has never been used before. On November 5, 2003, the court granted preliminary approval to the parties' $25 million proposed settlement in a class action filed against Oklahoma's Norman Regional Hospital, a clinic administrator, and nurse anesthetist James Hill who is accused of reusing needles when administering intravenous pain medicine to patients in the hospital's clinic in violation of state medical regulations. Several class actions have been filed against online pharmacy drugstore.com, Inc., (Nasdaq:DSCM) and certain of its officers and directors by stockholders who purchased the company's common stock between January 20, 2004, and June 10, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Lipitor is the #1 prescribed cholesterol-lowering drug in the United States. A nationwide class action has been filed against pharmaceutical distributors Albers Medical, Inc., and Med-Pro, Inc. on behalf of consumers who allege that the companies repackaged and distributed counterfeit Lipitor and possibly other drugs as well. The action alleges that the companies violated the federal Racketeer Influenced Corrupt Organizations Act and the Missouri Merchandising Practices Act in distributing the counterfeit drugs. |
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