Top Class Actions
Vita Coco a bit Loco with their Health Claims? A consumer fraud class action lawsuit was filed this week, against All Market Inc., the manufacturer of Vita Coco Coconut Water, over allegations that you ain’t getting what you pay for.
The plaintiff in the lawsuit alleges that Vita Coco products are falsely marketed as “super-hydrating,” “nutrient-packed,” “mega-electrolyte,” “life-enhancing,” and healthy “super-water” that should be regularly consumed to help maintain optimal hydration. In reality, Vita Coco products are no more hydrating than a standard sports drink and, for some Vita Coco products, do not even contain the levels of electrolytes indicated on their nutritional labels.
According to a recent independent study, certain Vita Coco products have nearly 50% less sodium and significantly less magnesium than advertised.
Lawyers representing the plaintiffs state that consumers are paying a premium for a product that simply does not live up to its health claims, and that Vita Coco products do not deliver on their nutritional promises. Well, if the products lived up to the advertising they should be putting that stuff in the tap water!
The lawsuit was filed on behalf of purchasers of Vita Coco products between August 10, 2007 and the present.
Top Settlements
Asbestos Mesothelioma Lawsuits Continue to Rise. These two asbestos settlements total $51 million. Separate verdicts totaling $32 million and more than $19 million were awarded on August 17 in cases involving individuals who contracted asbestos mesothelioma after being exposed to asbestos.
In the case of Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al., a jury found Crane Co. and Elliott Turbomachinery Co., responsible for the asbestos exposure that led to a U.S. Navy boiler tender’s diagnosis of pleural mesothelioma, an incurable form of cancer.
In returning its verdict, the jury determined that Crane and Elliott acted with a reckless disregard for the safety of others in failing to warn. The jury apportioned 99 percent responsibility to Crane and 1 percent responsibility to Elliott. The award included $16 million in past pain and suffering and $16 million in future pain and suffering to Mr. Dummitt.
In the case of David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al., the jury found Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., responsible for Mr. Konstantin developing mesothelioma of the tunica vaginalis, one of the rarest forms of cancer in the world. Like all cases of mesothelioma, this form of the disease is not curable.
The jury found Tishman 76 percent liable and to have acted with reckless disregard for the safety of others. The jury awarded Mr. Konstantin $7 million for past pain and suffering, and $12 million for future pain and suffering. The verdict amount also included $64,832 for past lost wages, and $485,325 for future lost wages.
If ever there were an Argument for Being your own Health Advocate… this would probably be it. A man admitted to Temple University Hospital for three severe hypoglycemic episodes over two days, episodes that left him with permanent brain damage—by the way—has been awarded $19 million in settlement of his medical malpractice lawsuit.
The short version of his terrifying story is that after having been released from hospital without a diagnosis or explanation as to why he was suffering from hypoglycemia, Ronald S. Campbell was admitted and subsequently discharged again—and for the last time—at 1:04 am. The middle of the night—or the wee hours of the morning. Whichever you prefer to call it, Campbell’s lawyers argued, rightly, that it was a time when his family would probably be asleep (you think?) and that hospital staff knew that and that Campbell’s family would therefore not able to monitor his condition.
In their defense, the hospital said it met the standard of care in restoring Campbell’s blood sugar to a stable level and noted that he had been previously noncompliant with insulin instructions. Yes—but since when do you discharge people in the middle of the night—and without figuring out what was going on? This whole situation may have been preventable… but instead he has brain damage.
OK. That’s it for this week. See you at the Bar—pool bar most likely.