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.
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.