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Re: trimspa

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  • Jurydoctor@aol.com
    Hi folks! Just got back from Israel, wow, what a trip. Found this in my email.Would love to get your comments. $5 donation to the Cherenobyl fund, for each
    Message 1 of 5 , Jun 29, 2005
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      Hi folks!
      Just got back from Israel, wow, what a trip.


      Found this in my email.Would love to get your comments.
      $5 donation to the Cherenobyl fund, for each opinion.
      thanks,
      amy




      Plaintiff: On or about January 4, 2003, the Plaintiff, Dan Hint began
      taking TrimSpa at the recommended dosage of one tablet, three times per day.
      Plaintiff's use of TrimSpa was at all times within the guidelines and
      recommendations distributed by the Defendant. On or about February 2, 2003, Dan Hint
      complained of a headache, weakness, numbness and difficulty moving his left
      upper and lower extremities and visited the ER at the St. Christopher Regional
      Medical Center . At the ER, it was determined that Dan had suffered a right
      parietal intracerebral hemorrhagic stroke. Dan remained hospitalized for
      several weeks. It is Plaintiffs' contention that the Defendant failed to
      exercise reasonable care in researching, designing, testing, developing,
      manufacturing, labeling, licensing, promoting, maketing, distributing, selling and/or
      otherwise introducing TrimSpa into commerce in that the defendants knew or
      should have known that TrimSpa created a high risk of unreasonably dangerous
      side effects, including but not limited to, an increased intra cerebral pressur
      e, sometimes vasculitis, resulting in hemorrhagic strokes. Plaintiff is
      seeking damages, including punitive damages.


      Defendant alleges that Plaintiffs' injuries were proximately caused in whole
      or in party by non-parties, ( not their fault) Plaintiffs' comparative fault
      diminishes proportionately any damages; Plaintiffs assumed and/or incurred
      the risk of injury and damage; Plaintifs' are not entitled to recover due to
      the non-forseeable misuse of the product by Plaintiff; Plaintiffs cannot
      recover from Defendants for the reason that the product was safe, that the product
      complied with applicable codes and standards adopted by the United States or
      by Indiana or an agency of the United States. Further, Defendant alleges
      that Plaintiffs cannot recover for the reason that there was a modification or
      alteration of the allegedly defective product not reasonably expected by
      Defendants and made after the delivery to the initial user; and Plaintiffs are
      not entitled to recover for the reason that any defect in the product was open
      and obvious.

      so what do you think about this and other cases like this?
      thanks,
      amy










      [Non-text portions of this message have been removed]
    • Phil Golan
      ... Hope you had a good time. Pity you didn t post beforehand. Would have been able to meet you. Philip Golan Private Investigator P.O. Box 1781 Natanya 42116,
      Message 2 of 5 , Jun 29, 2005
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        On 6/29/05, Jurydoctor@... <Jurydoctor@...> wrote:

        > Hi folks!
        > Just got back from Israel, wow, what a trip

        Hope you had a good time. Pity you didn't post beforehand. Would have been
        able to meet you.

        Philip Golan
        Private Investigator
        P.O. Box 1781
        Natanya 42116, Israel
        Mobile: +972 52 2300413
        Fax: +972 151 52 2300413
        E-mail: pi@...-agencies.com
        Web: www.pi.oasis-agencies.com <http://www.pi.oasis-agencies.com/>
        Member of the Israel Bureau of Private Investigators
        This message may contain privileged and confidential information intended
        only for the use of the addressee named above. If you are not the intended
        recipient of this message you are hereby notified that any use,
        dissemination, distribution or reproduction of this message is prohibited.
        If you have received this message in error please notify the sender
        immediately.


        [Non-text portions of this message have been removed]
      • romulusredux
        Perhaps you should put together a mock jury and ask them what facts (alleged) might be added to the plaintiff s case that would best help them to win, because
        Message 3 of 5 , Jun 29, 2005
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          Perhaps you should put together a mock jury and ask them what facts
          (alleged) might be added to the plaintiff's case that would best help
          them to win, because no such facts are shown in your case summary.
          Obviously you won't want ask similar questions on behalf of the
          defendant, as the absence of facts seems to be to their benefit at the
          moment.

          Lex Silvia

          --- In infoguys-list@yahoogroups.com, Jurydoctor@a... wrote:
          > Hi folks!
          > Just got back from Israel, wow, what a trip.
          >
          >
          > Found this in my email.Would love to get your comments.
          > $5 donation to the Cherenobyl fund, for each opinion.
          > thanks,
          > amy
          >
          >
          >
          >
          > Plaintiff: On or about January 4, 2003, the Plaintiff, Dan Hint began
          > taking TrimSpa at the recommended dosage of one tablet, three times
          per day.
          > Plaintiff's use of TrimSpa was at all times within the guidelines and
          > recommendations distributed by the Defendant. On or about February
          2, 2003, Dan Hint
          > complained of a headache, weakness, numbness and difficulty moving
          his left
          > upper and lower extremities and visited the ER at the St.
          Christopher Regional
          > Medical Center . At the ER, it was determined that Dan had
          suffered a right
          > parietal intracerebral hemorrhagic stroke. Dan remained
          hospitalized for
          > several weeks. It is Plaintiffs' contention that the Defendant
          failed to
          > exercise reasonable care in researching, designing, testing,
          developing,
          > manufacturing, labeling, licensing, promoting, maketing,
          distributing, selling and/or
          > otherwise introducing TrimSpa into commerce in that the defendants
          knew or
          > should have known that TrimSpa created a high risk of unreasonably
          dangerous
          > side effects, including but not limited to, an increased intra
          cerebral pressur
          > e, sometimes vasculitis, resulting in hemorrhagic strokes.
          Plaintiff is
          > seeking damages, including punitive damages.
          >
          >
          > Defendant alleges that Plaintiffs' injuries were proximately caused
          in whole
          > or in party by non-parties, ( not their fault) Plaintiffs'
          comparative fault
          > diminishes proportionately any damages; Plaintiffs assumed and/or
          incurred
          > the risk of injury and damage; Plaintifs' are not entitled to
          recover due to
          > the non-forseeable misuse of the product by Plaintiff; Plaintiffs
          cannot
          > recover from Defendants for the reason that the product was safe,
          that the product
          > complied with applicable codes and standards adopted by the United
          States or
          > by Indiana or an agency of the United States. Further, Defendant
          alleges
          > that Plaintiffs cannot recover for the reason that there was a
          modification or
          > alteration of the allegedly defective product not reasonably
          expected by
          > Defendants and made after the delivery to the initial user; and
          Plaintiffs are
          > not entitled to recover for the reason that any defect in the
          product was open
          > and obvious.
          >
          > so what do you think about this and other cases like this?
          > thanks,
          > amy
          >
          >
          >
          >
          >
          >
          >
          >
          >
          >
          > [Non-text portions of this message have been removed]
        • Jurydoctor@aol.com
          Perhaps you should put together a mock jury and ask them what facts (alleged) might be added to the plaintiff s case that would best help them to win,
          Message 4 of 5 , Jun 29, 2005
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            Perhaps you should put together a mock jury and ask them what facts
            (alleged) might be added to the plaintiff's case that would best help
            them to win, because no such facts are shown in your case summary.
            Obviously you won't want ask similar questions on behalf of the
            defendant, as the absence of facts seems to be to their benefit at the
            moment
            _________________-
            good idea.. we plan on doing a focus group in mid July, personally I think
            these cases are nearly impossible for the plaintiff to win.
            How would anyone know what caused the guy's problems? so many people take
            these herbs without any bad effects.
            A


            [Non-text portions of this message have been removed]
          • romulusredux
            Glad to be of help. If a focus group can t advise the Plaintiff as to what must have caused his difficulties with this product, then who can? Lex ... I think
            Message 5 of 5 , Jun 30, 2005
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              Glad to be of help. If a focus group can't advise the Plaintiff as to
              what must have caused his difficulties with this product, then who can?

              Lex


              --- In infoguys-list@yahoogroups.com, Jurydoctor@a... wrote:
              > Perhaps you should put together a mock jury and ask them what facts
              > (alleged) might be added to the plaintiff's case that would best help
              > them to win, because no such facts are shown in your case summary.
              > Obviously you won't want ask similar questions on behalf of the
              > defendant, as the absence of facts seems to be to their benefit at the
              > moment
              > _________________-
              > good idea.. we plan on doing a focus group in mid July, personally
              I think
              > these cases are nearly impossible for the plaintiff to win.
              > How would anyone know what caused the guy's problems? so many
              people take
              > these herbs without any bad effects.
              > A
              >
              >
              > [Non-text portions of this message have been removed]
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