Ephedra Injury Suit Filed Against Wal-Mart

redspy · 08-31-2004, 10:51 AM

The madness continues.....

Ephedra Injury Suit Filed Against Wal-Mart, Yellow Jackets Maker

Wal-Mart is named as a defendant in an ephedra personal injury suit filed in New Jersey federal court.
In a complaint filed Aug. 19, an Arkansas resident is seeking damages from the big-box retailer and NVE Pharmaceuticals, marketer of Yellow Jackets and Stacker 2 ephedra products.

The plaintiff alleges she purchased Yellow Jackets and Xenadrine from an Arkansas Wal-Mart in the summer of 2002. Ephedra-containing Xenadrine RFA-1 was marketed by Cytodyne Technologies until early 2003.
Later in 2003, Cytodyne licensed its brands out to Phoenix Labs and reformed as Nutraquest. Nutraquest filed for bankruptcy, which put a hold on litigation.

The plaintiff alleges that after taking the supplements “in accordance with the defendants’ directions that were contained on the labels,” she suffered a stroke in August 2002.
“At the time the products were purchased by the plaintiff, the defendants did not provide the plaintiff with any warnings and/or adequate warnings concerning the dangerous side effects of these products,” the complaint states.

The suit charges the firms with strict product liability, negligence and breach of warranty, seeking both personal and punitive damages.
The plaintiff maintains she suffered and will continue to suffer: mental pain and anguish; medical expenses; lost wages; loss of earning capacity; physical impairment and physical pain and anguish.
The plaintiff further contends the defendants were aware of the risks of using the products “but nevertheless proceeded with conscious indifference to the rights, safety or welfare of the plaintiff.”
She is seeking exemplary damages in addition to the actual damages and the cost of the suit.

Autarch · 08-31-2004, 01:23 PM

So let me get this straight.

Some dumb fat bitch bought something that she thought would make her lose weight with literally no effort and is now suing Wal-Mart because it had some bad side effects?

Maybe she wouldn't have had the stroke if she actually exercised with her ephedra. Being out of shape gave her a stroke. Ephedra didn't.

I hate people.l

I could list dozens of products that could kill you that are sold over the counter. How is ephedra very different? There are all kinds of warnings on the containers of ephedra, typically. She should have followed them.

I am pretty tired of people putting all kinds of things into their body because a lable says they can. Just because you can buy it and use it doesn't mean it's safe or that there will be no side effects.

redspy · 08-31-2004, 01:28 PM

I'm with you.

The trial lawyers are rubbing their hands with glee.

**Prince** · 08-31-2004, 01:31 PM

just another lazy, undisciplined, fat person that was looking for the magic pill, and now is looking for some easy money...pathetic.

gococksDJS · 08-31-2004, 01:48 PM

Like i said earlier. Instead of banning supplements, they should ban stupid people from buying them.

nikegurl · 08-31-2004, 02:08 PM

i avoided this thread all morning b/c i knew the story would piss me off.

i was right.

PreMier · 08-31-2004, 04:48 PM

Its all good. Wal*Mart is THE largest company on the planet. And they do not take likely to people sueing them. My Uncle is one of the lead engineers at the corporat HQ in Bentonville. They have so much money for the best lawyers, that this lady wont be able to do shit. And I bet 100$ that they counter sue for slander.

Autarch · 08-31-2004, 05:22 PM

I hope they counter-sue and win.

I hope Wal-Mart wins the original suit and keeps the products on the shelves as well.

People have no right to sue a retailer for a product they sell. If you have beef with a product contact the manufacturer. If this lady wins it sets a bad precedent for retailers. These are just shops selling products. Sure a company should screen the products they sell but if every place out there sells the product then they shouldn't have anything to worry about.

I just bought this weight bench from wal-mart for $107
http://www.walmart.com/catalog/produ...3A4134%3A49040

If I injure myself working out with it do I have a right to sue walmart?

I didn't think so.

redspy · 08-31-2004, 06:07 PM

I was reading a trivia book in B & N the other day and among the many interesting factoids was this one:

Over 60,000 American's injure themselves in toilet related accidents every year.

Even benign things cause injury and death every day, but the media would rather focus on Ephedra.

bulletproof1 · 08-31-2004, 06:08 PM

i get so sick of these bogus law suits. this reminds me of the bitch that spilled coffee on her and sued mcdonalds because her coffee was too hot. i know no one who enjoys cold coffee. people just try to take advantage of wealthy companies.

andyo · 09-02-2004, 04:17 AM

I agree with all of you....if the judge and his fat paychecks actually stepped foot into a wal-mart, then they would see what kind of lazyasses actually shop there, most of them fatass heffers/.

gr81 · 09-02-2004, 10:33 PM

I am gonna break the mold here and say that it doesn't even matter the bitch that bought these is a fat ass or not. what does it say about our society when we reinforce this type of behavior that completely delegates any type of intrinsic responsibility and blames a completely uninvloved party. If someone wants to sell you a stick of dynamite with a lit fuse (not making a metophor with ephedrine) and you are stupid enough to buy it, why is it the fault of the salesman that your ass got blown up. should we not be forcing people to make decisions for themselves and inturn be held responsible for those decisions. I know this is just another example, but this is part of a much larger problem on a grander scale. No one is held responsible for their own actions, we are reinforcing idiocy. Ignorance truly is bliss, and possibly a nice cash settlement in this country as well nowadays. what tye of people are we breeding with these suits? what type of behavior are we molding? What type of example are we setting for our children. If a kid falls off a stool we we gonna file a lawsuit against the stool for being too high? It sounds ridiculous but thats the direction we are heading. So I ask you all, where is the line going to be drawn. I can't see a line anymore. When did we lose the intergity and become so scared of the public that we lost the nuts ot tell bitches like this to READ THE GOD DAMM DIRECTIONS!!! jesus christs

oaktownboy · 09-02-2004, 10:51 PM

Quote:

Originally Posted by gr81

I am gonna break the mold here and say that it doesn't even matter the bitch that bought these is a fat ass or not. what does it say about our society when we reinforce this type of behavior that completely delegates any type of intrinsic responsibility and blames a completely uninvloved party. If someone wants to sell you a stick of dynamite with a lit fuse (not making a metophor with ephedrine) and you are stupid enough to buy it, why is it the fault of the salesman that your ass got blown up. should we not be forcing people to make decisions for themselves and inturn be held responsible for those decisions. I know this is just another example, but this is part of a much larger problem on a grander scale. No one is held responsible for their own actions, we are reinforcing idiocy. Ignorance truly is bliss, and possibly a nice cash settlement in this country as well nowadays. what tye of people are we breeding with these suits? what type of behavior are we molding? What type of example are we setting for our children. If a kid falls off a stool we we gonna file a lawsuit against the stool for being too high? It sounds ridiculous but thats the direction we are heading. So I ask you all, where is the line going to be drawn. I can't see a line anymore. When did we lose the intergity and become so scared of the public that we lost the nuts ot tell bitches like this to READ THE GOD DAMM DIRECTIONS!!! jesus christs

there is only one jesus christ, not 2 gr...sorry i had just had to say that.must be in a dumb mood tonight. Yep, agree with ya. u can be quite illicit and thorough when ya want to huh? if i was that fat lady i would have sued em too..why not make some more money

gr81 · 09-02-2004, 11:29 PM

Quote:

there is only one jesus christ, not 2 gr...

first off, what the hell does that mean?!

Quote:

Yep, agree with ya. u can be quite illicit and thorough when ya want to huh?

I can't tell if you are serious or if you are you mocking me?

Quote:

if i was that fat lady i would have sued em too..why not make some more money

why not, well I will tell you why, b/c there are repurcussion of peoples actions upon society, its the dominoe affect. By her doing this and everyone else that can do it as well, we in turn have the problem that we have, No suplements. no ephedrine. All of a sudden no one can be trusted to be responsible and use things like supplements at their own discression so the govt. has to regulate it for us. B/c she has done this, I now cannot be trusted to use it safely, which in turn effects me! thats why not. oh that and b/c you are a piece of shit if thats how you live your life! peace

gococksDJS · 09-03-2004, 12:45 AM

Quote:
if i was that fat lady i would have sued em too..why not make some more money

IMO, these are the types of people that get these great products banned for other responsible users. If your a skinny kid and go take 100 mg of M1T a day to get big, are you gonna sue the company when your nuts fall off? Blantant disregard for your own safety is a fucked up way to "make a little more money". These companies put warning labels on their products but what else are they going to do? Include a representative with every bottle that looks over your shoulder and says "No no no, your taking to much". No they aren't, so by choice, these people take more than the recommended serving or are unsafe about it, and then when something negative happens, they turn around and sue the company. It's bullshit. Say this person in the lawsuit took the same amount, but instead of having a bad reaction, she dropped 200 lbs. They wouldn't sue wal-mart; they would tell everyone how great the product is, but when something bad happens, blame it on the company rather than saying "i was a dumbass for not knowing what i was doing" People need to be held responsible for their actions, rather than trying to profit from their own stupidity

adrien_j9 · 09-03-2004, 07:23 AM

I forgot to sleep with my helmet on and am, therefore, confused. Are we in favor of Xenadrine? Or ephedra?

Autarch · 09-03-2004, 08:27 AM

"there is only one jesus christ, not 2 gr...sorry i had just had to say that"

If you look at how many viewpoints and opinions people have about how jesus christ lived and how people worship him in their churches you would think there are a thousand JC's.

Anyhow, I think that the makers of the product have something to fall back on: Those products usually say "Consult with your doctor before taking XXX product".

Did she consult with here doctor? I bet if she did her doc said "those will kill you.Take them if you are dumb".

In response to that she probably too 3x the regular dosage just to spite the doctor in a childish attempt to feel like she is in control of anything because she obviously can't control her body.

Fade · 09-03-2004, 10:07 AM

Retarded people piss me off.

She bought two diff products with one of the same ingredients. She may have followed the directions but taking them both at the same time was like doubling the dose of one.

I hope she didn't breed and pass her stupidity into the gene pool.

gococksDJS · 09-03-2004, 03:08 PM

Adrien, it's not so much being in favor of one or the other as it is being opposed to morons causing the ban of otherwise excellent supplements

08-31-2004, 10:51 AM	#1
redspy Member Join Date: May 2004 Posts: 3,040	Ephedra Injury Suit Filed Against Wal-Mart The madness continues..... Ephedra Injury Suit Filed Against Wal-Mart, Yellow Jackets Maker Wal-Mart is named as a defendant in an ephedra personal injury suit filed in New Jersey federal court. In a complaint filed Aug. 19, an Arkansas resident is seeking damages from the big-box retailer and NVE Pharmaceuticals, marketer of Yellow Jackets and Stacker 2 ephedra products. The plaintiff alleges she purchased Yellow Jackets and Xenadrine from an Arkansas Wal-Mart in the summer of 2002. Ephedra-containing Xenadrine RFA-1 was marketed by Cytodyne Technologies until early 2003. Later in 2003, Cytodyne licensed its brands out to Phoenix Labs and reformed as Nutraquest. Nutraquest filed for bankruptcy, which put a hold on litigation. The plaintiff alleges that after taking the supplements “in accordance with the defendants’ directions that were contained on the labels,” she suffered a stroke in August 2002. “At the time the products were purchased by the plaintiff, the defendants did not provide the plaintiff with any warnings and/or adequate warnings concerning the dangerous side effects of these products,” the complaint states. The suit charges the firms with strict product liability, negligence and breach of warranty, seeking both personal and punitive damages. The plaintiff maintains she suffered and will continue to suffer: mental pain and anguish; medical expenses; lost wages; loss of earning capacity; physical impairment and physical pain and anguish. The plaintiff further contends the defendants were aware of the risks of using the products “but nevertheless proceeded with conscious indifference to the rights, safety or welfare of the plaintiff.” She is seeking exemplary damages in addition to the actual damages and the cost of the suit.
redspy Member Join Date: May 2004 Posts: 3,040

08-31-2004, 01:23 PM	#2
Autarch Registered User Join Date: Aug 2004 Posts: 83	So let me get this straight. Some dumb fat bitch bought something that she thought would make her lose weight with literally no effort and is now suing Wal-Mart because it had some bad side effects? Maybe she wouldn't have had the stroke if she actually exercised with her ephedra. Being out of shape gave her a stroke. Ephedra didn't. I hate people.l I could list dozens of products that could kill you that are sold over the counter. How is ephedra very different? There are all kinds of warnings on the containers of ephedra, typically. She should have followed them. I am pretty tired of people putting all kinds of things into their body because a lable says they can. Just because you can buy it and use it doesn't mean it's safe or that there will be no side effects.
Autarch Registered User Join Date: Aug 2004 Posts: 83	http://www.freewebs.com/equilibrium-...ian-turret.gif

08-31-2004, 01:28 PM	#3
redspy Member Join Date: May 2004 Posts: 3,040	I'm with you. The trial lawyers are rubbing their hands with glee.
redspy Member Join Date: May 2004 Posts: 3,040

08-31-2004, 01:31 PM	#4
Prince the one & only Administrator Join Date: Nov 2000 Location: Colorado Posts: 33,926 Blog Entries: 25 Photos: 320	just another lazy, undisciplined, fat person that was looking for the magic pill, and now is looking for some easy money...pathetic.
	SBMuscle.com - Discount Supplement Superstore AlltheWhey.com - Bulk Protein Powders CEM Products - Research Chemicals & Supplements MusclePharm - Complete Nutritional Arsenal BigBackGrips - If you lift weights you've got to try these grips! HumaneVoLabs - Foaming Transdermal Delivery System. Creatine Ethyl Ester HCL (CEE) On Sale $17.49 per bottle!

08-31-2004, 01:48 PM	#5
gococksDJS RIP Foreman Join Date: Jul 2004 Posts: 6,002	Like i said earlier. Instead of banning supplements, they should ban stupid people from buying them.
gococksDJS RIP Foreman Join Date: Jul 2004 Posts: 6,002

08-31-2004, 02:08 PM	#6
nikegurl Registered User Join Date: Mar 2002 Location: LA, CA Posts: 5,635	i avoided this thread all morning b/c i knew the story would piss me off. i was right.
	If you want to achieve things that others can't... You have to do things that others won't.

08-31-2004, 04:48 PM	#7
PreMier happy sumo Elite Member Join Date: Sep 2003 Posts: 21,221 Photos: 2	Its all good. Wal*Mart is THE largest company on the planet. And they do not take likely to people sueing them. My Uncle is one of the lead engineers at the corporat HQ in Bentonville. They have so much money for the best lawyers, that this lady wont be able to do shit. And I bet 100$ that they counter sue for slander.
	P-side Inc. "the post-workout high is more profound than any drug-induced rush imaginable." -Dante B.

08-31-2004, 05:22 PM	#8
Autarch Registered User Join Date: Aug 2004 Posts: 83	I hope they counter-sue and win. I hope Wal-Mart wins the original suit and keeps the products on the shelves as well. People have no right to sue a retailer for a product they sell. If you have beef with a product contact the manufacturer. If this lady wins it sets a bad precedent for retailers. These are just shops selling products. Sure a company should screen the products they sell but if every place out there sells the product then they shouldn't have anything to worry about. I just bought this weight bench from wal-mart for $107 http://www.walmart.com/catalog/produ...3A4134%3A49040 If I injure myself working out with it do I have a right to sue walmart? I didn't think so.
Autarch Registered User Join Date: Aug 2004 Posts: 83	http://www.freewebs.com/equilibrium-...ian-turret.gif

08-31-2004, 06:07 PM	#9
redspy Member Join Date: May 2004 Posts: 3,040	I was reading a trivia book in B & N the other day and among the many interesting factoids was this one: Over 60,000 American's injure themselves in toilet related accidents every year. Even benign things cause injury and death every day, but the media would rather focus on Ephedra.
redspy Member Join Date: May 2004 Posts: 3,040

08-31-2004, 06:08 PM	#10
bulletproof1 Senior Member Elite Member Join Date: May 2004 Location: * Posts: 2,428	i get so sick of these bogus law suits. this reminds me of the bitch that spilled coffee on her and sued mcdonalds because her coffee was too hot. i know no one who enjoys cold coffee. people just try to take advantage of wealthy companies.

09-02-2004, 04:17 AM	#11
andyo Registered User Join Date: Nov 2003 Location: WVA Posts: 361	I agree with all of you....if the judge and his fat paychecks actually stepped foot into a wal-mart, then they would see what kind of lazyasses actually shop there, most of them fatass heffers/.
	To achieve Success is certaily tough..but keeping it, much tougher!

09-02-2004, 10:33 PM	#12
gr81 You Lack Intensity!!!! Elite Member Join Date: Mar 2003 Location: Just below our civil disguise Posts: 6,378 Photos: 10	I am gonna break the mold here and say that it doesn't even matter the bitch that bought these is a fat ass or not. what does it say about our society when we reinforce this type of behavior that completely delegates any type of intrinsic responsibility and blames a completely uninvloved party. If someone wants to sell you a stick of dynamite with a lit fuse (not making a metophor with ephedrine) and you are stupid enough to buy it, why is it the fault of the salesman that your ass got blown up. should we not be forcing people to make decisions for themselves and inturn be held responsible for those decisions. I know this is just another example, but this is part of a much larger problem on a grander scale. No one is held responsible for their own actions, we are reinforcing idiocy. Ignorance truly is bliss, and possibly a nice cash settlement in this country as well nowadays. what tye of people are we breeding with these suits? what type of behavior are we molding? What type of example are we setting for our children. If a kid falls off a stool we we gonna file a lawsuit against the stool for being too high? It sounds ridiculous but thats the direction we are heading. So I ask you all, where is the line going to be drawn. I can't see a line anymore. When did we lose the intergity and become so scared of the public that we lost the nuts ot tell bitches like this to READ THE GOD DAMM DIRECTIONS!!! jesus christs
	Testosterone Site/Elite Fitness-Dave Tate/West Side Barbell/Berardi Nutrition & Sports Performance/Steroid Laws- Rick Collins/John Defendis Intensity or Insanity articles/Save the Supersonics

09-03-2004, 12:45 AM	#15
gococksDJS RIP Foreman Join Date: Jul 2004 Posts: 6,002	Quote: if i was that fat lady i would have sued em too..why not make some more money IMO, these are the types of people that get these great products banned for other responsible users. If your a skinny kid and go take 100 mg of M1T a day to get big, are you gonna sue the company when your nuts fall off? Blantant disregard for your own safety is a fucked up way to "make a little more money". These companies put warning labels on their products but what else are they going to do? Include a representative with every bottle that looks over your shoulder and says "No no no, your taking to much". No they aren't, so by choice, these people take more than the recommended serving or are unsafe about it, and then when something negative happens, they turn around and sue the company. It's bullshit. Say this person in the lawsuit took the same amount, but instead of having a bad reaction, she dropped 200 lbs. They wouldn't sue wal-mart; they would tell everyone how great the product is, but when something bad happens, blame it on the company rather than saying "i was a dumbass for not knowing what i was doing" People need to be held responsible for their actions, rather than trying to profit from their own stupidity
gococksDJS RIP Foreman Join Date: Jul 2004 Posts: 6,002

09-03-2004, 07:23 AM	#16
adrien_j9 I "Bai lei tai" Join Date: Jul 2004 Location: Peaceful little cottage on the lake Posts: 847 Photos: 4	I forgot to sleep with my helmet on and am, therefore, confused. Are we in favor of Xenadrine? Or ephedra?
	"Our lives are not determined by what happens to us, but how we REACT to what happens; not by what life brings to us, but by the ATTITUDE we bring to life. A positive attitude causes a CHAIN REACTION of positive thoughts, events, and outcomes. It is a catalyst... a spark that creates EXTRAORDINARY RESULTS."

09-03-2004, 08:27 AM	#17
Autarch Registered User Join Date: Aug 2004 Posts: 83	"there is only one jesus christ, not 2 gr...sorry i had just had to say that" If you look at how many viewpoints and opinions people have about how jesus christ lived and how people worship him in their churches you would think there are a thousand JC's. Anyhow, I think that the makers of the product have something to fall back on: Those products usually say "Consult with your doctor before taking XXX product". Did she consult with here doctor? I bet if she did her doc said "those will kill you.Take them if you are dumb". In response to that she probably too 3x the regular dosage just to spite the doctor in a childish attempt to feel like she is in control of anything because she obviously can't control her body.
Autarch Registered User Join Date: Aug 2004 Posts: 83	http://www.freewebs.com/equilibrium-...ian-turret.gif

09-03-2004, 10:07 AM	#18
Fade I'm the daddy Elite Member Join Date: Mar 2002 Location: Houston, Tx Posts: 3,007 Photos: 5	Retarded people piss me off. She bought two diff products with one of the same ingredients. She may have followed the directions but taking them both at the same time was like doubling the dose of one. I hope she didn't breed and pass her stupidity into the gene pool.

09-03-2004, 03:08 PM	#19
gococksDJS RIP Foreman Join Date: Jul 2004 Posts: 6,002	Adrien, it's not so much being in favor of one or the other as it is being opposed to morons causing the ban of otherwise excellent supplements
gococksDJS RIP Foreman Join Date: Jul 2004 Posts: 6,002

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