February 1, 2001 - Calif. App. Ct. Reinstates Wrongful-Death Case Against Supplement Maker
The California Court of Appeals has reversed a lower court ruling involving the use of the herb supplement Ephedra. The court of appeals concluded that there were triable issues of fact remaining.
The death victim, Bonnie Miller, 41 died in 1996 after taking a fat-burning supplement containing ephedra for 3 months. In the wrongful death suit filed against Weinstein Nutritional Products and Ashland Chemical Corporation, the manufacturers of the supplement, the family for Miller believes that the manufacturers knew or should have known their product was defective.
In reversing the lower court decision, the appellate court concluded that there was enough evidence that triable issues of fact linking the use of the dietary supplement containing ephedra with Miller's death existed, noting that Miller was relatively young, she went into cardiac arrest without warning, she had no prior history of heart disease, medical records could not explain the cause of death, and it was undisputed that Miller consumed the dietary supplement containing ephedra for more than 3 months.
If you or a loved one has suffered an injury as a result of taking any drug or supplement, call Law Offices of Robert Dourian now at 800-790-8856 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to review your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.