Excerpted from Inland Valley Daily Bulletin, Tuesday, 19 November 2002.

Jury: Metabolife Liable; Similar Case Being Heard Locally

Lisa C. Berghouse -- Tuesday, November 19, 2002 -- For the first time, a jury has ruled against diet-supplement giant Metabolife, with a federal court jury in Birmingham, Ala., awarding four plaintiffs more than $4 million on Tuesday.

A similar case against Metabolife is being tried in West Valley Superior Court with an Upland man suing the company after suffering a stroke three months after taking Metabolife 356, the company's popular diet pill.

The federal jury awarded $4,065,000 to four people claiming the diet pill, which contains ephedrine and caffeine, caused them to either have a stroke or heart problems, Fawal said.

"If conventional wisdom holds true, this will be the first crack in the dam,' said David Fawal, a Birmingham attorney representing the plaintiffs in the trial.

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Minutes after the jury's decision was read, Metabolife attorneys requested a gag order, but the judge found no reason and denied the request, Fawal said.

Tom Hendriksen of Upland is suing Metabolife because he believes the mixture of caffeine and ephedrine in the pill caused him to have a stroke at 47 years old in August 1998.

At the time of the stoke he also had diabetes, high blood pressure and was considered overweight.

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Dena Hendriksen, Tom's wife, said the verdict caused a commotion during the West Valley trial Tuesday.

A Metabolife attorney appeared to cut his examination of a witness short, she said.

West Valley Judge Jeffrey King even asked Metabolife's lead attorney Roy Brisbois what was going on, but Brisbois did not tell him, Dena Hendriksen said.

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Michael Hackard, of the Northern California law firm Hackard & Holt, said the verdict sets a court precedent he intends to follow in California.

"This company took advantage of millions of people by exploiting their frustration over their inability to lose weight and lead healthier lives. California was in the cross hairs of Metabolife's marketing drive.' Hackard said. "But, this state also has a court system ideally suited to handle California cases against Metabolife.'

Hackard is already working with attorney Archie Lamb, lead counsel for the plaintiffs in the Birmingham case. Hackard is preparing to consolidate a number of cases in California against Metabolife, he said.

Excerpted from Inland Valley Daily Bulletin, Tuesday, 19 November 2002.