Fraud Allegations Save Ephedra Claim from Limitations Statute

RIVERHEAD, N.Y. - A plaintiff's allegations that her heart attack was caused by ephedra-containing Metab-O-Lite is not subject to a three-year statute of limitations because her claims contained in the lawsuit 'clearly sound in fraud,' a New York trial judge has ruled. David v. Nature's Bounty Inc., et al., No. 3266/05 (N.Y. Sup. Ct., Suffolk Cty.).

Justice Arthur G. Pitts of New York's Suffolk County Supreme Court ruled Aug. 31 that Stella David's suit is instead subject to Florida's more liberal, six-year statute of limitations for claims alleging fraud on the part of product manufacturers.

David sued several defendants, alleging …