Man Sues Atkins Estate

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I checked snopes, it is not there. Marilyn

Atkins Dieter Sues After Heart Operation

Florida Millionaire Goes After Atkins Estate and Company

By MARIAN BURROS, The New York Times

(May 27) -- A 53-year-old man sued the estate of Dr. C. Atkins and the

company that promotes his diet Wednesday. The suit says following the Atkins

diet for two years raised the man's cholesterol so much that his arteries

became clogged and required a medical procedure to open them.

The suit is apparently the first to involve the diet, the most prominent and

controversial low-carbohydrate regimen and the one most associated with

assertions that followers could eat all the red meat and saturated fat they

wanted

and still lose weight.

The plaintiff, Jody Gorran, who is being assisted by the Physicians

Committee for Responsible Medicine, an advocacy group that supports a vegan

diet, is

seeking $28,000 in damages. Mr. Gorran said he was using the suit to tell other

people about the dangers of the diet and to have its promoters include

warnings in books, other products and Web sites.

Mr. Gorran, of Delray Beach, Fla., said that in 2001, when his weight crept

up to 148 from 140 he turned to the diet, specifically, the 1999 edition of

" Dr. Atkins' New Diet Revolution. " After two months he said, his cholesterol

shot from 146, well within the normal range, to 230, considered in the hazardous

range.

Jody Gorran, 53, is suing Dr. Atkins' estate and company.

In October 2003, after three episodes of chest pain, doctors found that Mr.

Gorran had a 99 percent blockage in a major artery and performed angioplasty

and inserted a stent to keep it open. Before starting the diet, he said, tests

showed that his arteries were clear.

In responding to a request for comment, a representative for Atkins

Nutritionals and the estate of Dr. Atkins said they stood by " the science that

has

repeatedly reaffirmed the safety and health benefits of Atkins. "

Speaking of the Physicians Committee for Responsible Nutrition, the

statement says that the organization, " a well-known vegan and animal rights

group, has

a long history of initiating these kinds of scare tactics that are designed

to convince the American public to stop eating animal protein of any sort. "

Dr. M. Sacks, a professor of cardiovascular disease prevention at the

Harvard School of Public Health who is a critic of the diet and who looked at

Mr. Gorran's medical records at the request of The New York Times, said he was

not surprised by the increase in cholesterol.

" It could happen in two weeks, " Dr. Sacks said. " There are definitely people

that happens to, though it is not a majority. "

The American Heart Association said it would not comment on the suit, but

issued a statement saying, " Eating large amounts of high-fat foods for a

sustained period raises the risk of coronary heart disease, diabetes, stroke and

several types of cancer. "

Is the Diet Healthy?

In the short term, you take off pounds, and blood lipids (cholesterol,

triglycerides) seem to improve. But nutritionists balk at the high fat and

saturated

fat content of the steaks, chops, and other foods that Atkins promotes. Also

unclear, nutritionists say: the health impact of a lifetime of restricted

carbs and high protein. Details

· Find More on Diets

Source: AOL Diet &Fitness

Mr. Gorran said in his suit that after his cholesterol had increased he was

encouraged to continue the plan by a passage in the book that acknowledged that

cholesterol would increase for about one in three dieters. The book says

those people should " eat only the lean proteins - turkey roll, skinless chicken

breast, fish, farmer cheese, lean cuts of meat and so on - but do not increase

your carbohydrate intake more than 5 grams. However, if you are not happy on

the low-fat version of the diet or get hungry, or don't feel well on it, then

don't bother with it; go back to the regular Atkins diet that you enjoyed more. "

" I contend there ought to be a warning on this diet, " Mr. Gorran said in a

telephone interview from Florida, where he filed the suit. " I'm seeking an

injunction to prevent them from selling their products, books, or having their

Web

site without a warning, because they know one-third of the people on the diet

will have what Atkins referred to as 'less favorable cholesterol.' "

Within two months after going off the Atkins diet, where his favorite foods

were cheese every day and cheesecake three times a week, his cholesterol

dropped to 146.

Mr. Gorran, a wealthy owner of a manufacturer of solar panels for swimming

pools, said he enlisted the physicians' organization " because they are familiar

with publicity.''

" The whole thing is based on getting the word out,'' he said. " Even if the

suit never gets anywhere, we'll be out there and people will start to think. "

A law professor who read the complaint said he did not think that it would

get anywhere.

" The lawsuit has two serious shortcomings from the legal point of view, "

said the professor, Zipursky, who teaches torts and product liability

law, said. " Tort law generally does not permit a cause of action or lawsuit

based on bad theories put out in a book, and most courts would recognize a valid

First Amendment defense here. I would be surprised if the case were not

eventually dismissed before getting to a jury. "

Professor Zipursky said that the suit was " chock-full of information about

criticism of the Atkins diet.''

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" So it really reads as if it were done by someone who is doing it for reasons

of publicity rather than private gain,'' he added. " Not only is each claim

for relief less than $15,000, it does not ask for punitive damages, which I

think is appropriate and a sign of their seriousness. "

The suit is not the first against a diet book. In 1989, a suit against the

publisher of " The Last Chance Diet, " by Linn, a doctor of osteopathy,

said someone died following the liquid protein diet in the book. A judge threw

out the suit.