Zap Fat Case Summary
Hello –––––––, nice post, but I am representing the plaintiff (Mosley) I am glad to hear that you agree that Zap Fat your dietary supplement taken with birth control pills creates unhealthy side effects and may even cause death. Mentioned in plaintiff’s first set of interrogatories, that your client Okedokee Wegtht, Inc. took, identified other people who made a claim against Okedokee for injuries sustained through the use of Zap Fat. and that two of the claimants’ suffered a stroke and had permanent injuries.
Just because Ms. Mosley did not inform the doctor about taking birth control with Zap Fat does not cause the injury sustained by the two drugs taken together. The negligence that caused the problem was because nothing was mentioned on
the warning label of supplement bottle, about taking Zap Fat with birth control causes serious side effects, and according to Mrs. Mosley’s deposition, she stated: “She did not have any of the condition listed on the warning label, if she did, that she would never have used it.”
The provisions of Third Restatement § 2 states: “ A product is defective because of inadequate instructions or warnings by the seller or other distributer, or a predecessor in the commercial chaim of distribution and the omission of the instructions or warnings renders the product not reasonably safe.”
Furthermore, Dr. Earl Gridler’s affidavit, Mosley’s expert witness: “Based on the evidence, the doctor believes that ephedrine was a proximate cause of the plaintiff’s injuries and that the product failed to perform as a consumer such as Lauren Mosley would have expected during the foreseeable circumstances that existed when the injuries occurred. Ephedrine is what is used in Zap Fat. Mosley’s injuries are acute renal failure that is consistent with the use of ephedrine.”
It concludes that, Okedoke Weight Inc. is negligent under the provisions of 3 Restatements of Torts § 2 and that our client should be compensated for her injuries from the toxic reaction of the weight loss supplement and birth control due to the inadequate instructions or warnings on the label of the Zap Fat product that could have prevented the foreseeable harm caused by the product’s ingredients.
Just because Ms. Mosley did not inform the doctor about taking birth control with Zap Fat does not cause the injury sustained by the two drugs taken together. The negligence that caused the problem was because nothing was mentioned on
the warning label of supplement bottle, about taking Zap Fat with birth control causes serious side effects, and according to Mrs. Mosley’s deposition, she stated: “She did not have any of the condition listed on the warning label, if she did, that she would never have used it.”
The provisions of Third Restatement § 2 states: “ A product is defective because of inadequate instructions or warnings by the seller or other distributer, or a predecessor in the commercial chaim of distribution and the omission of the instructions or warnings renders the product not reasonably safe.”
Furthermore, Dr. Earl Gridler’s affidavit, Mosley’s expert witness: “Based on the evidence, the doctor believes that ephedrine was a proximate cause of the plaintiff’s injuries and that the product failed to perform as a consumer such as Lauren Mosley would have expected during the foreseeable circumstances that existed when the injuries occurred. Ephedrine is what is used in Zap Fat. Mosley’s injuries are acute renal failure that is consistent with the use of ephedrine.”
It concludes that, Okedoke Weight Inc. is negligent under the provisions of 3 Restatements of Torts § 2 and that our client should be compensated for her injuries from the toxic reaction of the weight loss supplement and birth control due to the inadequate instructions or warnings on the label of the Zap Fat product that could have prevented the foreseeable harm caused by the product’s ingredients.