Defendants blamed for developing a diet pill which allegedly caused a woman’s stroke moved to be added to a prior motion to dismiss.
According to a complaint filed July 26 in St. Clair County, Catherine Bauer claims she visited defendant Supplement Superstore in Shiloh in July 2011 to buy weight-loss pills she had taken previously with no problems.
While at the store, she claims defendant Jordan Pea, manager of the store, suggested Bauer try 1-Db Goddess and Thyro –Drive, which is manufactured by defendant 1st Phorm International. Pea allegedly told the plaintiff that the supplements were the “best weight-loss pills on the market” when taken together.
However, Pea allegedly failed to discuss safety, warn of potential side effects or tell Bauer how to take the supplements, the lawsuit claims. The plaintiff says she left with a free sample of the pills Pea had given her in a clear plastic bag and was allegedly instructed to take them with water and a meal.
Bauer claims she took the pills the following day with food and water. But the next morning, she woke up “with extreme weakness on the left side of her body and slurred speech,” the suit states. Her condition was later diagnosed as a stroke.
Defendants Buff Enterprises, doing business as Supplement Superstore, and Pea filed a motion to strike on Nov. 4 through attorney William J. Knapp of Knapp, Ohl & Green in Edwardsville.
They seek to strike Bauer’s request for attorney’s fees from the defendants.
Buff Enterprises and Pea also filed a motion adopting co-defendant 1st Phorm International’s motion to dismiss.
According to the motion to dismiss, the plaintiff fails to separate counts for recovery and fails to give sufficient facts.
The motion states that it is impossible to determine which allegations are against which defendant, because the plaintiff blames the defendants as group rather than establish controversy against them individually.
Bauer seeks a judgment of more than $300,000.
Robert J. Bassett and Jennifer L. Dickerson of Williams, Venker & Sanders LLC in St. Louis represent 1st Phorm International.
Michael Gras, Christopher Cueto and Lloyd M. Cueto of Belleville represent the plaintiff.
St. Clair County Circuit Court case number 13-L-390
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