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GORRAN v. ATKINS NUTRITIONALS, INC.

No. 05 Civ. 10679(DC).

464 F.Supp.2d 315 (2006)

Jody GORRAN, Plaintiff, v. ATKINS NUTRITIONALS, INC., and Paul D. Wolff, Solely in his Representative Capacity as Co-Executor of the Estate of Robert C. Atkins, M.D., Defendants.

United States District Court, S.D. New York.

December 11, 2006.

Attorney(s) appearing for the Case

Daniel Kinburn, Physicians Committee for Responsible Medicine, Washington, DC, for Plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP by Thomas Leghorn, Bruce Ainbinder, Esq., Laura Kramer, New York, NY, for Defendant Atkins Nutritionals, Inc.

Greenberg Traurig LLp by Alan Mansfield, William A. Wargo, New York, NY, for Defendant Paul D. Wolff, Co-Executor of the Estate of Robert C. Atkins, M.D.

OPINION

CHIN, District Judge.

Plaintiff Jody Gorran, a 53-year old businessman, went on the popular low-carbohydrate Atkins Diet (the "Diet") in the spring of 2001. Six months earlier, his cholesterol level was only 146 and he had a "very low risk" of heart disease. After just two months on the Diet, however, his cholesterol level shot up to 230. Nonetheless, he remained on the Diet until October 2003, when he experienced severe chest pain. As a consequence...

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