11/2/2005 - Posted by:
David Mitchell P. A.
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Barnett v. GX Marketing, et al

Case Name: Barnett, et al vs. GX Marketing, Inc. & SK Laboratories
Case. No.: USDC 4-03-CV-00482JMMM
Court: United States Federal District Court, Eastern District of Arkansas
Judge or Jury: Jury
Type of Case: Ephedra Herbal Supplement/Product Liability
Date of Incident: August 16, 2001
Date of Trial: November 8, 2004
Medicals: $5,000
Wage Loss: Plaintiff claimed undetermined loss of earning capacity
Initial Demand: $1,000,000
Initial Offer: $0 before mediation

SETTLEMENT: $375,000.000

FACTS: Plaintiff, a 24-year old wife and mother, purchased FASTRAK, an ephedra and caffeine based herbal supplement, for weight loss. She suffered a sudden grand mal seizure about one (1) hour after taking a single FASTRAK tablet, causing retrograde amnesia for a period of one (1) to two (2) years and mild cognitive impairment.

GX Marketing, Inc., the distributor/supplier of the FASTRAK, had virtually no assets and filed for bankruptcy protection.

Defendant, SK Laboratories, Inc., the manufacturer of the FASTRAK, apparently had insignificant assets but, carried liability insurance with limits of $1,000,000.

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