Glaser v. Thompson Medical Co.

32 F.3d 969 (6th Cir. 1994)

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Nature of the Case

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Facts

P alleged negligence and breach of warranty against D's Dexatrim diet pill. P ingested one capsule, and this caused him to suffer acute hypertension which in turn caused him to suffer a stroke or intracranial bleeding. As a result of the stroke, he fell, hit his head and suffered further injuries. The court granted a summary judgment in that the evidence offered on causation was insufficient to go to the jury. The facts were that P began daily ingesting 1-2 Dexatrim pills around Thanksgiving 1987. By January 3, 1988, he felt ill, his ears were ringing, and he had hot and cold flashes and other flu-like symptoms. P was 20 years old. He went to the doctor, and medical records indicated that he was fine but just diagnosed with post viral syndrome fatigue. The examining Dr. did not know that P was taking Dexatrim. P then went to the bank, and the teller noticed that he was feeling very ill and was flushed and sweating and as she turned away P collapsed and hit his dead. He was diagnosed with intracerebral bleed, a skull fracture, and a subdural hematoma. After extensive discovery, D filed motions for summary judgment arguing that the scientific literature did not support a conclusion that one capsule of Dexatrim could cause such a reaction and there was no evidence the intracranial bleed proceeded the fall, and there was no evidence that Dexatrim caused such a reaction. The court granted summary judgment to D. This appeal resulted.