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Man Sues Atkins Diet Over Heart Problems

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Man Sues Atkins Diet Over Heart Problems

20 minutes ago Add Health - AP to My Yahoo!


By JILL BARTON, Associated Press Writer

WEST PALM BEACH, Fla. - A businessman has sued the promoters of the Atkins Diet, saying the low-carb, high-fat meal plan clogged his arteries and nearly killed him.

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Jody Gorran, 53, said Thursday that he was seduced "with a bacon-wrapped cheeseburger" to blindly follow the Atkins Diet, which also made his cholesterol soar to a risky level.


The lawsuit, filed with the aid of the Washington-based advocacy group Physicians Committee for Responsible Medicine, seeks less than $15,000. The suit also names the estate of the diet's late creator, Dr. Robert Atkins.


Atkins Nutritionals said it stands by the science that has "repeatedly reaffirmed the safety and health benefits of the Atkins Nutritional Approach." The company also questioned the motivation of the Physicians Committee for Responsible Medicine, which promotes a vegan diet banning meat, fish, dairy and egg products.


The Atkins Diet advocates meat, eggs and cheese, frowns on bread, rice and fruit, and allows up to two-thirds of calories from fat, more than double the usual recommendation.


Gorran said he started the diet in 2001 because his weight had risen from 140 to 148 pounds. In two months, he said, his cholesterol rose from a normal 146 to an unhealthy 230, and by October 2003, he needed angioplasty to clear his arteries.


"I came very close to dying, and this is from a diet I thought was marvelous," said Gorran.


Atkins medical director, Dr. Stuart Trager, said the cholesterol increase claimed by Gorran is "dramatically greater than what we have seen" in scientific studies. He said a recent Duke University study showed only minor cholesterol increases, in some cases up to 10 percent.


Robert Atkins argued that carbohydrates generate too much insulin, which makes people hungrier and encourages them to put on fat. His books, including the best-selling "Dr. Atkins' New Diet Revolution," have sold 15 million copies and attracted millions of followers.


The same advocacy group involved in the suit filed Wednesday released details of Atkins' autopsy report in February, 10 months after he died after slipping on an icy sidewalk. The report showed Atkins, 72, had a history of heart trouble, including congestive heart failure and high blood pressure — details that stoked debate over the diet.
 
Fantômas said:
Next thing you know people will be suing Mc. Donald's for making them fat... oh wait...

I'm thinking of suing my shoe company for not allowing me to do enough cardio - how about 100 million.

Mr.X
 
It sounds like this is a new case, so I hope that he loses... the whole "I'm suing you because I'm dumb" thing annoys the hell outta me. Take responsibility for your own actions, for gods sakes.

I hear that the US is the only country that does not make people pay a fine for cases that they lose... maybe we should adopt a frivolous lawsuit law like other countries. This crap is rediculous.
 
I don't think the case will go anywhere.

This is what my first-year torts professor had to say:

A law professor who read the complaint said he did not think that it would get anywhere.

"The lawsuit has two serious shortcomings from the legal point of view," said the professor, Benjamin Zipursky, who teaches torts and product liability law, said. "Tort law generally does not permit a cause of action or lawsuit based on bad theories put out in a book, and most courts would recognize a valid First Amendment defense here. I would be surprised if the case were not eventually dismissed before getting to a jury."

Professor Zipursky said that the suit was "chock-full of information about criticism of the Atkins diet.''

"So it really reads as if it were done by someone who is doing it for reasons of publicity rather than private gain,'' he added. "Not only is each claim for relief less than $15,000, it does not ask for punitive damages, which I think is appropriate and a sign of their seriousness."
 
he weighed 140 lbs and went on a diet cuz he gained 8 lbs? He is klueles
 
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