nabeepchen

In the midst of low-carb and Atkinsonian mania, a few voices have been raised in opposition to the prevailing attitude. At least one person is suing the Atkins empire for false promises which resulted in health problems, and a judge has declared that the case can proceed.

Former Dieter Will Have His Day in Court

WEST PALM BEACH, FLORIDA—A Florida judge has just denied Atkins Nutritionals’ second attempt to have a groundbreaking lawsuit against it dismissed. The lawsuit was filed last May by Jody Gorran, a former dieter who developed a life-threatening artery blockage after following the high-fat fad diet for two-and-half years. Palm Beach County judge Susan Lubitz also ruled that Atkins must comply with Gorran’s requests for documents, answers to written questions, and depositions of senior Atkins officials. The rulings mean that the lawsuit will move forward towards trial and the discovery phase will commence, during which Gorran, 53, will seek support for his contention that the privately-held corporation knowingly misled the public about the high-fat diet’s potential dangers.

“The judge’s ruling is good news for the little guy and bad news for unscrupulous companies cashing in on people’s weight problems,” says former dieter Jody Gorran. “This case could be the final nail in the low-carb coffin.” Recent news reports have focused on the decreasing popularity of the diet and the financial troubles of Atkins Nutritionals.

Judge Lubitz denied Atkins Nutritionals’ first motion to dismiss in November soon after hearing oral arguments presented by Dan Kinburn, representing Jody Gorran, and Martin Reeder for Atkins Nutritionals. Kinburn is senior counsel for Physicians Committee for Responsible Medicine.

In both attempts to have Gorran’s case thrown out of court, Atkins Nutritionals had argued that the company was protected under the first amendment. But case law strongly supports Gorran’s lawsuit. For example, in U.S. v. Schiff, the U.S. Court of Appeals, Ninth Circuit, ruled against the publishers of The Federal Mafia, a book promoting a tax evasion scheme, finding that commercial speech can be enjoined if it is fraudulent. In another well known case, Braun v. Soldier of Fortune Magazine, the court found that advertising murder-for-hire is not accorded free-speech protection.

Gorran argues that the Atkins diet caused him to develop severe coronary disease, including dramatically elevated cholesterol levels, crushing chest pains, and a potentially fatal arterial blockage requiring an angioplasty and a stent. A heart scan done prior to Gorran beginning the diet showed no signs of heart disease. He is asking that all Atkins products and books be required to carry warning labels. He is seeking less than $15,000 in damages.

This is a press release from the Physicians Committee for Responsible Medicine who clearly, do not adhere to the low-carb philosophy–or at least, do not believe it to be a panacea for all of the excess weight which Americans have accumulated.

Personally, I believe that since we all differ so dramatically from one another, one eating plan is not going to work for everyone. Some people do well on the Atkins diet, others do not. A good plan for everybody is to eliminate as much junk and fast food as possible. If you can’t read a food label without the assistance of an organic chemistry textbook, don’t buy it.

Yesterday I posted a story about how the California Nurses Association has filed a lawsuit against Gov. Arnold Schwarzenegger, which basically seeks to reverse his order last month delaying until 2008 a requirement for additional nurses in hospital medical and surgical units. I would think that this is really big news, as it’s not everyday that someone dares to sue Arnold. Or tells him that his own butt is not above being whallopped.

However, an anonymous person on a bulletin board mentioned that the LA Times had posted nothing about the story. Absolutely nothing, as though it didn’t exist. Could it be, this person asked, some sweet deal between the governator (a big Hollywood star) and his wife Maria Shriver (also entrenched in the entertainment/journalism world), to conveniently leave the story out of the LA papers?

I found an opinion piece about this lawsuit in the LA Daily News, but nothing more. And I did my own search through the archives of the LA Times, and found nothing. How can the premier newspaper in the state of California not mention that their own governor is being sued? And certainly, this is an issue which potentially affects the health of every person living in the state?

No Regard for the Elderly and Infirm

Arnold has made it quite clear that the health and well being of peons is not his concern, which has been a big disappointment, as I had high hopes for him as governor. Last year, for example, he tried to shave off about $40 million from the state budget by eliminating subsidies for caretakers of the elderly and the extremely ill. This type of thing would never affect him, or the very rich such as that famous Alzheimer’s patient Ronald Reagan, who can afford all of the supplementary help they need. But it shows his disregard for ordinary people.

However, Arnold’s just-try-to-stop-me-because-I’m-the-governator attitude didn’t work, as thousands of middle-class Californians rose up in protest. He was forced to keep caretakers’ funding. What a pity that the elderly and seriously ill can now receive care.

Shame on the LA Times

I am hoping that I just couldn’t find the story in the LA Times. The subject was carried by the Associated Press, but it hasn’t received the attention that it should. The San Francisco Chronicle carried the story, and the CNA is more powerful up in northern California. More nurses are unionized, and the CNA itself is based in Oakland.

But as I said yesterday, Arnold picked a fight with the wrong group of nurses. While many nurses and their organizations are wimpy and whiney, and make a lot of noise but no action, the CNA is the opposite. They have been trying to get a mandatory nurse:patient ratio law passed for over 10 years, since hospitals won’t do so voluntarily. And now they are not about to see all of their hard work, along with decent patient care, go down the drain just because Arnold has to please his sponsors.

If anyone has found this story in the LA Times, please let me know.