health supplement caused coma

[mtmon]

What is the name of your state (only U.S. law)? Montana
This last March I purchased a "health-food" supplement that is becoming popular called "Phenibut". This supplement is touted as a safe stress reliever and sleep aid. No precautions are openly noted by manufacturer or retailer. Well, after ingesting this substance I woke up in a local hospital ICU after having been in a coma for over a week with kidney failure. To add insult to injury I was with a completely torn quadriceps muscle which had to be surgically repaired in order for me to walk again. The cause? Seizures preceding the coma were so intense! Before this ordeal I "was" a successful small business owner, however, related circumstances including an extensive hospital stay with no insurance, rehab, and bills changed my life to such a degree to that I am desperate and now near homelessness.
I have been going through absolute HELL as my life has crumbling around me due to my use of this product. And as well, I probably will never be the athletically capable triathlete as I was prior to using this very dangerous supplement which is with my recent understanding is hugely lacking in its safety research. There are no consumer warnings, however some investigations into private on-line forums have uncovered consumer discussions regarding its potency, warnings and dangers which are subsequently absent to the consumer who isn't as research savvy. After a wikipedia search, my doctor said the mechanisms of action seem to be largely vague but what evidence he could substantiate, he felt sounded dangerous in several ways including how it effects the brain. I've never sought legal council prior to this and have yet only reached attorneys who do auto accidents, divorces, and bankruptcies. One attorney told me it would be impossibly expensive to fund the case. Help!

 

[Proserpina]

What is the name of your state (only U.S. law)? Montana
This last March I purchased a "health-food" supplement that is becoming popular called "Phenibut". This supplement is touted as a safe stress reliever and sleep aid. No precautions are openly noted by manufacturer or retailer. Well, after ingesting this substance I woke up in a local hospital ICU after having been in a coma for over a week with kidney failure. To add insult to injury I was with a completely torn quadriceps muscle which had to be surgically repaired in order for me to walk again. The cause? Seizures preceding the coma were so intense! Before this ordeal I "was" a successful small business owner, however, related circumstances including an extensive hospital stay with no insurance, rehab, and bills changed my life to such a degree to that I am desperate and now near homelessness.
I have been going through absolute HELL as my life has crumbling around me due to my use of this product. And as well, I probably will never be the athletically capable triathlete as I was prior to using this very dangerous supplement which is with my recent understanding is hugely lacking in its safety research. There are no consumer warnings, however some investigations into private on-line forums have uncovered consumer discussions regarding its potency, warnings and dangers which are subsequently absent to the consumer who isn't as research savvy. After a wikipedia search, my doctor said the mechanisms of action seem to be largely vague but what evidence he could substantiate, he felt sounded dangerous in several ways including how it effects the brain. I've never sought legal council prior to this and have yet only reached attorneys who do auto accidents, divorces, and bankruptcies. One attorney told me it would be impossibly expensive to fund the case. Help!

If it's not FDA approved, you might have trouble a) proving that was the cause and b) getting an attorney to take on the case.

As with any supplement, take at your own risk.

 

[justalayman]

One attorney told me it would be impossibly expensive to fund the case.

translated, that means he does not believe it would be a financially beneficial case. Cost is irrelevant if there is a good likelihood of prevailing and the possible award would be large enough to cover the costs.


You can shop around and speak to a few other attorneys to see if you get any different advice but if they are all sounding similar, take that as the case is not a risk any of them wish to take on. If you are willing to foot the bill out of your pocket, I would suspect you would find somebody to take on the case.

 

[OHRoadwarrior]

I'm sorry you experienced this type of outcome. That said, it does not appear you researched the product prior to taking it. 30 seconds of research, brought up this cautionary warning of a potential side effect. "Persons on MAO inhibitors or epilepsy medications like carbamazepine or oxcarbazepine should consult with their physician or pharmacist prior to supplementation with phenibut. Some evidence suggests that phenibut can modulate the function of some epilepsy medications." Natural supplements are not regulated by the FDA. As the supplement can be obtained in nature, the company distributing it does not need to meet the same labeling requirements as a prescription medication. You are likely going to have a hard time proving this supplement caused the outcome you experienced.

http://en.wikipedia.org/wiki/Phenibut

 

[mtmon]

re:

I'm sorry you experienced this type of outcome. That said, it does not appear you researched the product prior to taking it. 30 seconds of research, brought up this cautionary warning of a potential side effect. "Persons on MAO inhibitors or epilepsy medications like carbamazepine or oxcarbazepine should consult with their physician or pharmacist prior to supplementation with phenibut. Some evidence suggests that phenibut can modulate the function of some epilepsy medications." Natural supplements are not regulated by the FDA. As the supplement can be obtained in nature, the company distributing it does not need to meet the same labeling requirements as a prescription medication. You are likely going to have a hard time proving this supplement caused the outcome you experienced.

http://en.wikipedia.org/wiki/Phenibut[/QUOTE

If I had referenced the above source, it would not have been due to the retailer's suggestion. And I have never taken the above stated medications. Simply put, I never have had health issues relating to seizures or coma. I was perfectly young and healthy. The supplement is not "obtained in nature." I took this product the night of my seizure/coma right after my receipts confirm purchase.

 

[mtmon]

re:

If I had researched this product and landed on wikapedia, it would not have been due to retailer's suggestion. There are many more sites touting its safeness. And I never have taken any of these stated, or related, medicines. Prior to this incident, I have never had any medical condition or medications pertinent to coma/seizure. I took this product and suffered this effect right after my saved purchase receipt.

 

[mtmon]

re:

Oh, BTW this is not a "naturally occurring substance."

 

[Proserpina]

If I had researched this product and landed on wikapedia, it would not have been due to retailer's suggestion. There are many more sites touting its safeness. And I never have taken any of these stated, or related, medicines. Prior to this incident, I have never had any medical condition or medications pertinent to coma/seizure. I took this product and suffered this effect right after my saved purchase receipt.

It could have been completely coincidental.

If you can't find an attorney to take the case on contingency, they're basically telling you that you have no case (or at least, not one worth litigating).

 

[mtmon]

re:

Doesn't it realistically seem way too "out-there" to assume possible coincidence? There is no other medically justifiable cause to warrant such a severe reaction.

 

[Proserpina]

Doesn't it realistically seem way too "out-there" to assume possible coincidence?

Honestly? Nope.

There is no other medically justifiable cause to warrant such a severe reaction.

Hence the term "idiopathic".

 

[OHRoadwarrior]

Oh, BTW this is not a "naturally occurring substance."

http://en.wikipedia.org/wiki/Natural_supplement

This is derived from the amino acid GABA.

"β-Phenyl-γ-aminobutyric acid (brand name Noofen), better known as phenibut or less commonly fenibut or phenybut, is a derivative of the naturally occurring inhibitory neurotransmitter γ-aminobutyric acid (GABA). "

http://en.wikipedia.org/wiki/Phenibut

 

[mtmon]

re:

what leads you to the realistic conclusion of "idiopathic?" Unprecedented seizures and comas are surely rare on a grand scale. My experiences with this non-prescription drug would have me to conclude its potential for suicide/homicide if so inclined to take/give it/offer it. Is that what it would take to prove my point that this is a very dangerous product? In reasonably small doses (a couple of teaspoons), I'm sure it could kill. My kidneys shut down BTW, idiopathic? It's not medically reasonable to conclude this. Try a couple of teaspoons yourself, it comes in powder form.

 

[Proserpina]

what leads you to the realistic conclusion of "idiopathic?" Unprecedented seizures and comas are surely rare on a grand scale. My experiences with this non-prescription drug would have me to conclude its potential for suicide/homicide if so inclined to take/give it/offer it. Is that what it would take to prove my point that this is a very dangerous product? In reasonably small doses (a couple of teaspoons), I'm sure it could kill. My kidneys shut down BTW, idiopathic? It's not medically reasonable to conclude this. Try a couple of teaspoons yourself, it comes in powder form.

Please feel free to pay an attorney to tell you what you want to hear.

 

[mtmon]

re:

Unprecedented case of kidney failure coma + severe prolonged seizure directly following the ingestion of largely non-researched product which is substantiated to target brain (however). Substance can easily be interpreted by anyone familiar with the drug as a potentially useful in suicide or homicide. Anyone on the stand wants to argue, take two or more teaspoonfuls.
Respectfully submitted.

 

[CdwJava]

If you have spoken to only one attorney, perhaps you can speak to more. But, unless they are willing to take this matter on contingency (i.e. you pay nothing up front and they take a large chunk of any award you might receive), then that will be a clue that this is NOT a slam dunk nor as easy as you seem to believe.

Be prepared to spend tends of thousands of dollars on attorneys, depositions, and a parade of experts to prove that the company was negligent in some way or that they knew or reasonably should have known that this supplement - when used as directed - would stand a good chance of causing such a shutdown of your innards and induce a coma. I think the one attorney you spoke to was summarizing this difficulty by explaining it would be a costly endeavor with no certainty of outcome.

It's up to you whether the expense is worth the roll of the dice. I think that if you do some research you may find that producer of these supplements is better protected than you might think. The supplement industry is marginally regulated and (as I understand it) need not meet any significant standards for their products. You may well have been harmed by the product, but you have to not only prove that it WAS the product, but likely that this was an outcome that could have been reasonably foreseen by the manufacturer. I doubt that will be easy.