An Illinois resident alleging that she had a stroke after taking a Thyro-Drive® weight-loss dietary supplement has reportedly sued the companies that made and distributed the product and the store manager who gave it to her. Bauer v. 1st Phorm Int’l, No. 13-L-0390 (St. Clair Cnty. Ct., Ill., filed July 26, 2013).
Claiming that she was a 36-year-old with no history of stroke or cardiovascular problems, plaintiff Catherine Bauer alleges that she went to a Supplement Superstore to purchase weight-loss supplements she had used in the past, but store manager Jordan Pea discussed another product, claimed to be the best on the market, with her. “Defendant Pea failed to discuss safety, warn of any potential side effects, or provide any detailed instructions or warnings on use,” according to the complaint. “Instead, defendant Pea provided plaintiff with free samples of the drug in a clear, plastic bag. The bag contained a small piece of paper that described the color of the pills and instructed the user to take with water and a meal. No other warnings or information were given.”
Bauer claims that she took the pills as directed and the next day “woke up with extreme weakness on the left side of her body and slurred speech.”
Purportedly diagnosed with a stroke, the plaintiff alleges and seeks damages for product liability, negligence, breach of warranty, misrepresentation by omission, fraud, and violations of the Illinois Consumer Fraud Act. She also apparently seeks damages for “disfigurement, conscious pain, suffering, mental anguish, mental suffering, embarrassment, shame, loss of enjoyment of life, loss of association, loss of earnings, loss of profits, [and] loss of salary.” See Courthouse News Service, August 6, 2013.