Xenadrine Maker Suing Baltimore Orioles

MANASQUAN, N.J.--In recent years, ephedra manufacturers have experienced a tidal wave of lawsuits filed by consumers and state attorneys general. The shoe is now on the other foot. Nutraquest Inc., formerly known as Cytodyne Technologies Inc., filed a motion Dec. 1 on behalf of its president, Robert Chinery Jr., for leave to sue the Baltimore Orioles for accusing Cytodyne of causing Steve Bechler's death.

The story began in February 2003 when Bechler, the team's relief pitcher, collapsed during spring training camp in Florida; officials later found a bottle of ephedra-containing Xenadrine RFA-1 in his locker. At the time, the chief medical examiner for Broward County, Fla., reported he was almost certain ephedra played a role in Bechler's death. "In my opinion, the ephedra raised his body temperature, leading to heat stroke," said Joshua Perper, M.D. "And it was not a particularly strenuous exercise carried out and not a particularly hot day." He added, though, that Bechler had a history of heat strokes in addition to being overweight, having an enlarged heart and living with borderline high blood pressure.

Perper reported Bechler died of multiple organ failure and with a temperature of 108 degrees. In a follow-up toxicology exam, Perper reported the significant amount of ephedra discovered in Bechler's system at the time of death played a role in his demise.

Nutraquest's proposed lawsuit, filed in the U.S. District Court for the Southern District of Florida, seeks to sue the Orioles for its contribution in a wrongful death lawsuit filed by Kiley Bechler, the deceased's wife and executor. Nutraquest's lawsuit is based on the findings by forensic pathologist and former New York City medical examiner Michael M. Baden, M.D., who concluded Xenadrine did not cause or contribute to Bechler's death.

"I disagree as to the cause of this heat stroke," Baden said in testimony at a July congressional meeting on ephedra (http://energycommerce.house.gov/108/Hearings/07232003hearing1021/Chinery1640.htm). "Mr. Bechler's poor health, vigorous exercise in hot, muggy weather, severe obesity, abnormal fatty liver, untreated high blood pressure and enlarged heart are competent factors in and of themselves to be causes of heat stroke. The coincidental toxicological finding of ephedrine, which is not known to produce heat stroke, in my opinion, should not have been linked to the death by the medical examiner.

"It is my opinion, to a reasonable degree of medical certainty ... Xenadrine did not cause or contribute to Mr. Bechler's death, and that proper and prompter treatment with intravenous fluids and cold wraps immediately after he collapsed but was still conscious may have prevented Mr. Bechler's death."

Nutraquest's motion seeks to clarify the issue of Bechler's death and ephedra consumption. "Obviously, it is a tragedy when a man dies at such a young age," Chinery said. "However, the conduct of the Baltimore Orioles is tragic, as well. In this case, there is no credible evidence whatsoever to support the theory that Xenadrine RFA-1 contributed to Mr. Bechler's death in any way." He said no study has linked heat stroke to ephedra use, and Bechler's death could have been avoided if the Orioles had taken the appropriate actions. "The only way similar tragedies can be prevented is to address the real causative factors as opposed to scapegoating a company for financial gain," Chinery added.

The Orioles disputed Nutraquest's allegations. "Our people responded admirably to the situation the day he became ill in Florida," said Russell Smouse, Orioles general counsel, in an interview with USA Today (www.usatoday.com/sports/baseball/al/orioles/2003-12-03-orioles-reax-bechler_x.htm). "To suggest the Orioles in any way are responsible is an irresponsible contention."

Bechler's camp also came forward with a statement after the suit was filed. "Chinery's actions are of a man who feels the noose of federal court litigation tightening around his neck," David Meiselman, Kiley Bechler's attorney, told USA Today.