Metabolife Loses Lawsuit Filed by Texas Woman 35179

Metabolife Loses Lawsuit Filed by Texas Woman

HOUSTONMetabolife InternationalInc. has been ordered by a Houston jury to pay a 35-year-old Crosby, Texas woman$7.46 million after she suffered a stroke and brain damage as a result of takingthe companys ephedra-based weight-loss supplement, according to TheSan Diego Union Tribune (www.signsonsandiego.com).

The punitive damages were originally higher than $5 million; however, Texas law is liable to cap the punitive damages and,since the jury determined McAllister was partially at fault for not payingattention to a warning label, she may receive a settlement in the region of only$2.7 million, the Tribune said.

McAllisters attorneys said taking Metabolife 356 caused herto suffer a stroke and contributed to ongoing health problems, includingright-side numbness in her body (which impairs use of her right hand and causesher right foot to drag), erratic spells of dizziness that prevent her fromdriving, and short-term memory loss, according to KPRC, a Houston news channel (www.click2houston.com). McAllister will live with the limitations caused by herstroke for the rest of her life, KPRC said.

In addition, attorneys for the woman also accused the companyduring the seven-day trial of developing Metabolife 356 with Ephedra as a legalform of speed and presented evidence that one or more top officials atMetabolife were arraigned in 1989 on charges of manufacturing and distributingmethamphetamine, also known as speed, KPRC reported.

The plaintiffs lawyers also contended that the companyattempted to cover up thousands of adverse event reports (AERs) about the dietsupplement, KPRC said. While Metabolife originally told state and federalregulatory agencies that it knew of no adverse effects from the product and thatit monitored the safety of the drug, the company admitted to the Food and DrugAdministration (FDA) that it had collected 15,000 AERs and had no procedures inplace to monitor safety.

The defense argued McAllisters health problems might havebeen attributable to oral contraceptives and that a doctor had proclaimedMcAllisters injuries healed, according to KPRC.

A spokeswoman for Metabolife said the company intends toappeal the verdict, according to the Tribune.

The law firm handling McAllisters case will take five of 45additional lawsuits against Metabolife, and 15 more against the manufacturers ofother dietary supplements formulated with ephedra to trial this year, accordingto KPRC.

Metabolife has lost two of three personal injury lawsuitsbrought to trial in the last 18 months. In December 2002, a California courtacquitted the company when the jury found no evidence to link Metabolife 356with Upland resident Tom Hendriksens stroke. Earlier this year, theCalifornia Supreme Court ordered all Metabolife personal injury lawsuits filedin the state to be heard in a San Diego courtroom.

An attorney who represents a number of consumers filingpersonal injury lawsuits against Metabolife said a hearing is expected nextmonth to decide the order in which the approximately 100 personal injury casesfiled against Metabolife will go to trial, according to the Tribune.According to public documents, Metabolife or its insurers have paid at least $5million to settle 29 other cases, as reported by the Tribune;however, the Tribune said theattorney indicated Metabolife has made no settlement offer to resolve theCalifornia lawsuits.

McAllisters lawsuit is one of a rising number of casesfollowing the banning of ephedra by FDA in April.