Nutrition Store Claims Man's Failure to Comply with Instructions and Warnings Caused Injuries

CHICAGO - An Illinois man's stroke allegedly resulted from his failure to adhere to the instructions accompanying Stacker 3, a dietary supplement containing ephedra, and Chlor-Trimeton Allergy D, an over-the-counter antihistamine, according to the company that owns the health nutrition store where the plaintiff purchased the supplement. Mark Kurzack v. NVE Pharmaceuticals, et al., No. 02-C-8836 (N.D. Ill.).

GNC Franchising Inc.'s, Dec.17 Answer and Affirmative Defenses states that plaintiff Mark Kurzak's ability to recover damages should be barred since his injuries were allegedly caused by his own negligence.

Kurzak states that the nutrition store and the manufacturers of the products …