Lawsuit against Atkins
 

I cannot find anything on this after googling but I heard it on CNN this morning. Some man is suing the Atkins corporation for (I believe, get this) $28,000 because he claims that his cholesterol went up after spending (and again, this is off the top of my head) 10 months on the Atkins diet

Anyone have any more info?

Well, for a start how can anyone PROVE this guy has been on the Atkins diet anyhow and secondly - who knows if he's been doing it properly??

I'm sorry folks, no offence intended - but the "lets sue everyone" mentality in the US SUCKS!! If that kind of law suit was presented in the UK it'd be laughed out of court!!

You'll find it posted in the media forum section.

The suit is pushed by the same vegan terrorist group (PCRM) who manipulated Dr. Atkins private medical records and claimed he was obese.

Wa'il

The new american way to get rich quick.. who needs Amway when you can sue someone and not have to draw all those circles. :)

Really though, I think it's a shame that someone would sue over that. Obviously there is no one diet that fits everyone and there are bound to be people that are sensitive to saturated fats and such. I guess that is why it's important to have a doctor monitor things like that with a new diet. To see how each individuals body reacts.

Jenn

Well there are about 500 people on this forum that would testify against him. I wonder how many people he has backing him up? He must have been doing something very wrong. I don't think he has a case. He would need to prove he read the book and followed it to the T. I bet he was not drinking water and i bet he did not see a doctor regularly. What a jerk.

The point CNN made was, we aren't allowing lawsuits against weight loss companies saying that they didn't lose weight on the diet, so how can we allow this? We don't know what he was actually eating

Cheese and Cheesecake on a daily basis according to one article. They only mentioned those 2 foods. They may have just not mentioned the other foods [such as Vegetables, Meats, etc...] he was supposed to eat, or he may actually believe a Diet of Cheese and Cheesecake is the "Atkins Diet." I also don't believe that story about him having an Artery Scan "right before" going on Atkins. I read somewhere, a while back, that he'd had the scan for some problem months before starting Atkins. So, if that is true, there was a reason he had it. Did he have an existing condition, bad test results, a heart attack ??? Why else would he have had such a test, especially months before changing his diet ???

My mother's co-worker actually went on Atkins, and lost weight, but his cholesterol did go up significantly, and was told by his doctor to get off of it.

But when I asked her what he was eating, she replied that he ate alot of eggs. I somehow have a feeling he consumed quite a bit of red meat and such, eggs, and not nearly enough salads/veggies. Thats the problem with people who just want to buy into the hype, and jump on this 'diet'.. They really should read the book atkins puts out before just shoving massive amounts of eggs and meat into their traps... In any diet, meaning diet as in what we eat, there was to be portion control, as well as some balance. Not all just meat and cheese! Bleh!

If you have never been in a court case, you might not believe it but...
A jury of your peers (to which the constitution entitles you) is really just a jury of the most easily influencable people the platntiffs attorney can get. Spin the wheel and take your chances. Remember McDonalds cup of unmarked "HOT" coffee

I think this is the article in question:

http://forum.lowcarber.org/showthread.php?t=187231

I agree with Fracture's assessment of the impressionability of jurors, but I gotta clear a couple of things up. The Constitution only preserves the right to trial by jury in criminal cases, and the defense is just as adept as plaintiffs' counsel at picking sympathetic jurors (hence the invention of the peremptory challenge). I know, it's a nit pick. Sorry. I do agree with everyone's assessment that this is a stupid case, but I sincerely doubt that it will ever get to the trial stage. Just like the people who sued Mickey D's because they got fat...it will likely be thrown out on a motion to dismiss. Atkins charges us enough for shakes and supplements, though, so I am sure they can afford the most expensive defense counsel money can buy! LOL!!

I guess I took some liberties there and I stand corrected. My experience with tort law is miminal only have one or two cases to go by. How often do motions to dismiss get a favorable reply from the court? And how much does it cost the defendant to hire a lawyer to file the motion to dismiss. It seems it will still cost the defendant while it costs the plantiff nothing so long a lawyer will take the case.

Did he ever think to check his good and bad cholesterol? Mine went up but when I had the doc look further into it, my good had gone up and my bad had gone down.

Gotta say...I think that judges in this country need to start fining the pants off of people who bring frivolous lawsuits to the courts and waste the taxpayers money. The only problem is that it isnt apparent that the courts recognize many of those as "frivolous" (ie: the hot coffee fiasco and "I gained weight eating McD's fiasco). Maybe if people knew there would be a price (a big one at that)to pay for trying to get rich off of every stupid little thing that happens in life...they'd back down and start taking some responsiblity for themselves. Just had to vent.

I think it would be great if it goes to court and both sides have to produce evidence that the diet creative/cures a problem-.