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Metabolife LawsuitPublic Citizen consumer group has been pushing for an ephedra ban for years. On September 5, 2001, the consumer group petitioned the FDA in support of an ephedra ban due to the “unreasonable risk of illness or injury” the supplement poses. The petition to ban ephedra included two requested actions; a ban on the sale and production of ephedrine alkaloid dietary supplements, an immediate FDA advisory to stop the use of ephedrine alkaloid dietary supplements due to the established risks of injury. Included in the Public Citizen petition for the ban of ephedra containing products like Metabolife was note of Metabolife founder and co-owner Michael Ellis’ criminal record. Ellis was convicted in 1990 on a drug-related charge for the illegal manufacture and sale of methamphetamine and pleaded guilty to a felony charge. Methamphetamine can be produced from ephedra. On November 19, 2002, Ellis surprised a lot of people by refusing to have his deposition taken or to answer questions by claiming his Fifth Amendment right. The opposing attorney found Ellis’ reaction surprising because he failed to even defend Metabolife, the ephedra-containing diet pill that the company has still continued to maintain is safe. The federal jury penalized Metabolife by ruling the company pay $4.1 million to four people that had suffered stroke or heart attack after using Metabolife. The FDA had been trying to obtain Metabolife side effects reports from the company for years, dating as far back as 1997 but was unable to gain the company’s cooperation. The attempt to gain court order to collect the records was denied in the past. Ellis wrote a letter to the FDA dated April 17, 1998 stating ephedra was being safely used and there were no reports of ephedra dangers. Despite Ellis’ claims, the FDA continued collecting evidence to the contrary, with reports of over 100 deaths among ephedra users, inclusive of Metabolife. In August 2002, the Justice Department announced a criminal investigation was starting to determine if Metabolife was deceitful to the FDA in the claims that Metabolife users had made no adverse event reports. The day the criminal investigation was announced, Metabolife International handed over 14,700 reports of Metabolife side effects to the FDA. Although the FDA had anticipated a high number of ephedra adverse reports, the agency did not expect it to be as high as it was. There have now been 145 personal injury lawsuits filed against Metabolife International for the nation’s largest selling ephedra product. So far, 29 of the Metabolife personal injury suits have been settled with a total of over $5 million. On November 19, 2002, the first Metabolife case to make it to trial ended, resulting in the ruling that Metabolife International must pay $4.1 million to four Metabolife consumers that had suffered strokes or heart attacks after taking the ephedra diet pills. The jury in found Metabolife to be unreasonably dangerous. The decision made by the federal jury was reached after expert witness testimony and the thousands of Metabolife records of consumer complaints were reviewed. Still facing more than 100 Metabolife personal injury cases in both state and federal court, Metabolife continues to maintain their ephedra product is safe. Metabolife has now sent over additional records of 1,480 Metabolife customer complaints that were received in a five-month time period in 2000 but the company claims was lost due to a computer glitch. Included in these additional records were three deaths, 20 heart attacks, and 24 strokes. Still, Metabolife International does not find any Metabolife dangers to be attributed to ephedra and maintain the safety and efficacy of Metabolife. For more information on metabolife lawsuits, please contact
a Metabolife Lawyer.
Still facing more than 100 Metabolife personal injury cases in both state and federal court, Metabolife continues to maintain their ephedra product is safe. Metabolife International has already paid around $5 million to settle 29 Metabolife cases. For more information on ephedra, please contact us.
For years the FDA had been trying to obtain reports of ephedra dangers from Metabolife, and ironically the same day the Justice Department Investigation was announced Metabolife handed over 14,700 reports made by consumers that had experienced adverse effects from Metabolife to the agency. Letters dating from 1998 issued to the FDA from Ellis state Metabolife had not received any consumer reports of Metabolife side effects. On November 19, 2002, Metabolife turned over an additional 1,480 consumer complaints of Metabolife side effects that the company claimed were previously lost in a computer glitch.
For more information on metabolife lawsuits, please contact a Metabolife Lawyer. |
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