A dietary supplement retailer claims it had no control over the manufacture of a fat-burning supplement that allegedly causing liver damage to a man who used the product.
According to the Nov. 20 complaint, Matt Stuttle bought Windsol Xtreme from Complete Supplements in Maryville in April. After using the supplement, which is designed by Helcia Pharm, Stuttle allegedly became severely ill and sustained liver damage.
Complete Supplement denied allegations in its Feb. 23 answer to the complaint. The defendant argued that the plaintiff failed to state a claim upon which relief may be granted.
The Stuttles denied “each and every” affirmative defense in their March 11 reply through attorneys Troy E. Walton and Stephen J. Telken of East St. Louis.
Complete Supplements also filed a motion to dismiss Counts VII-X, which allege product liability claims based on strict liability against the defendant.
“[I]n a products liability action based on the doctrine of strict liability in tort brought against a defendant other than the manufacturer of the product, the court must dismiss the strict liability claims against the non-manufacturer defendant where the non-manufacturer defendant files an affidavit certifying the correct identity of the manufacturer of the product alleged to have caused the plaintiff’s injuries,” the Feb. 23 motion states.
The defendant submitted an affidavit from Matt Hamann, owner and president of Complete Supplements, explaining that the defendant did not manufacture the product at issue in this case. Hamann stated that because the manufacturer of the product is Helica Pharm, Complete Supplements exercised no control over the design or manufacture of the product and had no knowledge of any defect.
The Stuttles seek damages exceeding $50,000, plus court fees.
Peter J. Maag of the Maag Law Firm in Wood River and Stephen C. Mudge of Reed, Armstrong, Mudge & Morrissey in Edwardsville represent Complete Supplements. They demand a jury trial.
Madison County Circuit Court case number 14-L-1607