Another thing about this suit, whatever it is. The plaintiff chose to go on the diet. Atkins didn't force him. Life is risk. We should try to make as informed a choice as we can. But no one is omniscient. Atkins obviously has perpetrated no fraud on the plaintiff. He gives the best advice as he sees it in his long years of experience as a diet expert and cardiologist. Many people have used the diet successfully. If someone tries it and (for whatever reason) has a bad reaction , that should not be something one can recover damages for.

When such suits routinely win, all kinds of experts, especially mavericks, will be driven from the marketplace because they won't be able to afford the liability insurance. And we will all be poorer for it.

This is like the suits against the tobacco companies and now the fast-food chains. People act. That means they make choices. The consequences are theirs. These suits are simply an escape from self-responsibility.

Sheldon