# Personal injury lawsuit filed against Species Nutrition



## Arnold (May 28, 2010)

*Personal injury lawsuit filed against Species Nutrition*
_by Anthony Roberts_

Earlier this week, a lawsuit was filed against  Species Nutrition in Kings County court, of New York – a court that  ranks among the top in the nation when it comes to average settlements  for personal injury. The company itself, as well as owner of the  company, Dave Palumbo, were both named individually  in the lawsuit, along with  Bodybuilding.com, Nutricap, and Bactolac  (the distributor/retailer of the product in question, and the sites  where the product was manufactured).  







The lawsuit alleges  near-fatal injuries – liver failure – sustained as a result of ingesting the Species  Nutrition products “Lipolyze” and “Somalyze.”

 The complaint is a few hundred pages long (most are about twenty  pages or so), with thousands of paragraphs, citing numerous causes of  action. Also included in the complaint is a  comprehensive history of  usnic acid products, direct quotes from Palumbo personally, a  summarization of both Palumbo and his product(s),and facts detailing  that what he is telling the public in the promotion of his products is  in direct contradiction to what has been documented by medical experts.






There was no dollar  amount listed in the complaint, as damages (the sum of money estimated  to be the defendant’s liability in the case) cannot be actually set  forth in the complaint itself, according to NY State law. After the  filing stage, the complaint still needs to be served to Palumbo, at  which point he has a limited time period to file a response (depending  on the type of service). Typically, the Defendant can make a “Demand”  for damages claimed, at which point the plaintiff will usually serve a  response (i.e. “You’ve caused $5 million dollars of damage, pain and  suffering, etc…to the plaintiff”).

 The damages here are huge…in the millions. When  you add up the medical bills surrounding a liver transplant, plus the  care and medication, the price tag easily creeps into the $250,000  range. Now, factor in an estimated cost of $3k/month for continued  medication and care (necessary with a liver transplant), and the damages  ought to be in the millions without breaking a sweat. Of course, none  of these necessary medical costs factor in the pain and suffering,  punitive damages, and other . This case is easily going to be in the  multi-million dollar range.

 Species Nutrition is only worth about $300-400k (yearly net  multiplied by a factor of 4-6x, which is the standard way to assess what  a company would sell for), and only carries $1m worth of insurance.

source


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## Curt James (May 28, 2010)

Maria Bezrodnaya

I still find it incredibly difficult to believe that _one _bottle of Lipolyze ruined her liver. 




​
There are 12mg of usnic acid in one Lipolyze capsule. Recommended dosage is 1 capsule 3 times daily which, yeah, totals *36mg of usnic acid*. 

"*Mice were treated orally with* aqueous suspensions of (+)-*usnic acid* in a  *single dose of either 100 or 200 mg/kg.* The effects on femur cells and  proteins and on nucleic acids of liver cells were studied 24-72 h after  treatment. (+)-Usnic acid was found to affect the proliferation of  polychromatic erythrocytes possibly by interference with RNA  biosynthesis. The slight increase in the micronucleated polychromatic  erythrocytes without affecting DNA synthesis suggests an effect of usnic  acid on spindle apparatus."

From *READ ***The truth about usnic acid*** - Anabolicminds.com *

Where are the chem guys to explain the equivalent or comparative dose? I mean comparing what was given to the mice versus what Maria may have taken.

What does a mouse weigh? How big is a _mouse's _liver?

If you stick a needle in _my _arm it will hurt. If you stick a needle in a flea's "arm" it will *split the critter in two!*

And what of those who used Isolyze and Somalyze with no harm whatsoever coming to them? Something does not compute.


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## Arnold (Jun 7, 2010)

Posted by     Anthony Roberts    on     June 7, 2010                           



 * 

Sketching out the Species Nutrition lawsuit            *

         As many of my readers already know, I???ve  obtained a full copy of the Species Nutrition lawsuit. It???s important to  remember that I am not a lawyer, and although I have quite a bit of  experience navigating legal issues in the nutritional world, I have  forwarded a full copy of the lawsuit to some legal eagles, and am  awaiting their analysis of the situation. What follows, however, is a  simple F.A.Q. of exactly what the lawsuit is _claiming_ and/or _alleging_.

*Q: Who is being sued?*
 A: Species Nutrition is what I???d call the primary defendant.  In  addition to Species, Dave Palumbo, the owner,  is being sued  individually. Bodybuilding.com is being sued (for selling the product),  Maria Krinis (the person who sourced the usnic acid for Species/Dave) is  being sued along with the company she works for, Amfora Life  Essentials. Finally, Bactolac and Nutricaps are both being sued as well,  for handling the manufacturing of the product. In short, the sinking  ship that we know as Species Nutrition, is taking literally everyone  else down with them, from top to bottom.





*Q: Can they really sue  Dave Palumbo as an individual?*

 A: Dave is Species Nutrition ??? there is no defacto separation between  him and his company. As I recall, Dave purchased a booth at the Phoenix Pro  Bodybuilding show for Species, then used the all-access passes from that  booth purchase to shoot videos for his other business, RxMuscle.com  -  this is one of the ways where it can be shown that Species is simply  another name for Dave Palumbo himself, and not a separate corporate  entity.



 *
Q: What happened?*

 A: As a result of ingesting two Species Nutrition products, the  plaintiff, who had no preexisting medical history of liver problems,  suffered life threatening liver failure.





*Q: Does the lawsuit  mention Dave Palumbo???s past criminal history?*

 A: Yes. 




*Q: Is there any prior  history of Species Nutrition selling products that contain ingredients  banned by the FDA?*
 A: Yup. And so did Bodybuilding.com.




*Q: Are Dave???s ties to Muscle Insider mentioned?*

 A: Yes.





*Q: Did the label mistakes on the bottles come out in  the lawsuit?*

 A:  Yes. 




*Q: Was Dave Palumbo  aware of the potential liver problems associated with usnic acid?*

 A: Yes.


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