Fragmentsofme
12-02-2003, 05:06 PM
Sounds like they just want the Orioles to take the blame, asshats...
http://sports.espn.go.com/mlb/news/story?id=1676354
BALTIMORE -- A dietary supplement firm thinks the Baltimore Orioles are liable in the death of pitcher Steve Bechler and wants the team to pay any damages stemming from a lawsuit filed by the player's widow.
Nutraquest Inc. of Wall Township, N.J., formerly known as Cytodyne Technologies Inc., asked the U.S. District Court in Miami for permission to file suit against the Orioles. Nutraquest claims the tragedy "could have been avoided" if the team had acted properly.
Bechler, 23, collapsed with heatstroke in February at the team's spring training site in Fort Lauderdale, Fla. His body temperature rose to more than 108 degrees and he died the next day.
A bottle of Xenadrine RFA-1 -- a dietary supplement sold by Cytodyne -- was found in Bechler's locker. The medical examiner said toxicology tests confirmed "significant amounts" of an over-the-counter supplement containing ephedra led to Bechler's heatstroke, along with other factors.
His widow, Kiley, filed a $600 million wrongful death lawsuit against the supplement company.
"Nobody connected with the Orioles did anything that contributed to the death of Steve Bechler," Orioles general counsel Russell Smouse said Tuesday. "Our people responded admirably to the situation the day he became ill in Florida. To suggest the Orioles in any way are responsible is an irresponsible contention. We will fully resist this absolutely baseless claim."
Nutraquest asked the court to delay proceedings in Mrs. Bechler's lawsuit and grant permission to serve its lawsuit against the Orioles. If the judge approves, the team would become a third-party defendant in the original case and the cases would move forward together.
"Ultimately, it will be for a jury to decide whether the Orioles have all, none or some liability," said Shane H. Freedman, general counsel for Nutraquest. "It is our position that the Orioles should bear full responsibility and any judgment should be paid by that organization."
Nutraquest president Robert Chinery Jr. said in a statement that the Orioles were responsible for Bechler's death.
"Obviously, it is a tragedy when a man dies at such a young age," he said. "However, the conduct of the Baltimore Orioles is tragic as well. In this case, there is no credible evidence whatsoever to support the theory that Xenadrine RFA-1 contributed to Mr. Bechler's death in any way.
"Sadly, Mr. Bechler's death could have been avoided if the Orioles acted properly. The only way similar tragedies can be prevented is to address the real causative factors as opposed to scapegoating a company for financial gain."
From the outset, the Orioles have contended their coaching and training staffs did all they could to save Bechler. Dr. Joshua Perper, who performed an autopsy on Bechler, praised their quick actions. The team has also said it was unaware of Bechler's use of the supplement and that it does not condone its use.
But the papers filed by Nutraquest say the Orioles' conduct in failing to treat Bechler's heatstroke in an urgent and proper manner was virtually certain to cause injury or death.
In addition, the company claims the Orioles knew Bechler was "not in appropriate physical and aerobic condition for a professional baseball player" when he reported to camp.
"In our opinion, the Orioles should have never let Steve Bechler step on the field on Feb. 16, 2003. Once he was on the field and showed signs of heatstroke, they didn't take the appropriate steps," Freedman said.
Nutraquest filed for Chapter 11 bankruptcy protection in October, attributing the filing to lawsuits the company was facing.
http://sports.espn.go.com/mlb/news/story?id=1676354
BALTIMORE -- A dietary supplement firm thinks the Baltimore Orioles are liable in the death of pitcher Steve Bechler and wants the team to pay any damages stemming from a lawsuit filed by the player's widow.
Nutraquest Inc. of Wall Township, N.J., formerly known as Cytodyne Technologies Inc., asked the U.S. District Court in Miami for permission to file suit against the Orioles. Nutraquest claims the tragedy "could have been avoided" if the team had acted properly.
Bechler, 23, collapsed with heatstroke in February at the team's spring training site in Fort Lauderdale, Fla. His body temperature rose to more than 108 degrees and he died the next day.
A bottle of Xenadrine RFA-1 -- a dietary supplement sold by Cytodyne -- was found in Bechler's locker. The medical examiner said toxicology tests confirmed "significant amounts" of an over-the-counter supplement containing ephedra led to Bechler's heatstroke, along with other factors.
His widow, Kiley, filed a $600 million wrongful death lawsuit against the supplement company.
"Nobody connected with the Orioles did anything that contributed to the death of Steve Bechler," Orioles general counsel Russell Smouse said Tuesday. "Our people responded admirably to the situation the day he became ill in Florida. To suggest the Orioles in any way are responsible is an irresponsible contention. We will fully resist this absolutely baseless claim."
Nutraquest asked the court to delay proceedings in Mrs. Bechler's lawsuit and grant permission to serve its lawsuit against the Orioles. If the judge approves, the team would become a third-party defendant in the original case and the cases would move forward together.
"Ultimately, it will be for a jury to decide whether the Orioles have all, none or some liability," said Shane H. Freedman, general counsel for Nutraquest. "It is our position that the Orioles should bear full responsibility and any judgment should be paid by that organization."
Nutraquest president Robert Chinery Jr. said in a statement that the Orioles were responsible for Bechler's death.
"Obviously, it is a tragedy when a man dies at such a young age," he said. "However, the conduct of the Baltimore Orioles is tragic as well. In this case, there is no credible evidence whatsoever to support the theory that Xenadrine RFA-1 contributed to Mr. Bechler's death in any way.
"Sadly, Mr. Bechler's death could have been avoided if the Orioles acted properly. The only way similar tragedies can be prevented is to address the real causative factors as opposed to scapegoating a company for financial gain."
From the outset, the Orioles have contended their coaching and training staffs did all they could to save Bechler. Dr. Joshua Perper, who performed an autopsy on Bechler, praised their quick actions. The team has also said it was unaware of Bechler's use of the supplement and that it does not condone its use.
But the papers filed by Nutraquest say the Orioles' conduct in failing to treat Bechler's heatstroke in an urgent and proper manner was virtually certain to cause injury or death.
In addition, the company claims the Orioles knew Bechler was "not in appropriate physical and aerobic condition for a professional baseball player" when he reported to camp.
"In our opinion, the Orioles should have never let Steve Bechler step on the field on Feb. 16, 2003. Once he was on the field and showed signs of heatstroke, they didn't take the appropriate steps," Freedman said.
Nutraquest filed for Chapter 11 bankruptcy protection in October, attributing the filing to lawsuits the company was facing.