Jury Presents Mixed Outcome in Metabolife Court Case
Published: Tuesday, December 17, 2002
A San Bernardino County jury found no evidence to link San Diego-based supplements manufacturer Metabolife International Inc.'s weight-loss product Metabolife 365 with the stroke suffered by plaintiff Tom Hendriksen of Upland, Calif. Hendriksen has a history of heart disease, hypertension and diabetes; labeling on the Metabolife 365 product advises consumers with these conditions to consult a doctor before taking the product.
The jury found, however, that Metabolife misrepresented the product, tried to conceal or suppress material facts, and was negligent in the product's manufacture, distribution or sale, according to a Dec. 13 article at The San Diego Union-Tribune online.
In response to the jury's findings, Metabolife released announcements asserting that its products were vindicated. Hendriksen's attorney Christopher Grell balked at the company's assertions. “The jury sent a signal that this is a defective product but, in this case, they didn't find the defect was the cause of the injury," Grell stated, via the Union-Tribune. “For Metabolife to turn around in a press release and say the jury found that the product is safe is really out there. That is certainly not what they found."
So far Metabolife and its insurers have paid about $5 million to settle 29 cases regarding its ephedra product, according to the Union-Tribune, which notes that the company is the largest manufacturer of ephedra supplements.
