Ephedra Under Intense Scrutiny

Recent legal developments brought on by the heatstroke deaths of two professional athletes have intensified the spotlight on the controversial dietary supplement ephedra, a substance banned by the NFL, NCAA and International Olympic Committee.

Attorneys for the Minnesota Vikings have filed documents claiming Korey Stringer’s use of ephedra can be linked to his death during training camp in 2001, and they say his blood was never tested for traces of the substance. The Vikings are facing a $100-million wrongful-death lawsuit.

Meanwhile, a lawyer representing the family of deceased Baltimore Oriole pitcher Steve Bechler said the player’s wife plans to sue the makers of Xenadrine RFA-1, an ephedra product found in Bechler’s locker after he collapsed 10 days ago.

“The way we see it, Steve Bechler is dead, and ephedra is the primary cause of death,” David Meiselman, Kiley Bechler’s lawyer, told Associated Press on Tuesday.

“We will wait for the toxicology report to come back, do our homework, then go hunting for the company that distributes this drug. This drug is a killer. Our real concern is to get this poison off the shelves.”

Cytodyne Technologies of Manasquan, N.J., which manufactures the supplement, said it was “reckless and irresponsible for an attorney to prematurely place blame or deflect responsibility to others for the events leading up to Mr. Bechler’s death.”

In a statement released Tuesday, company officials pointed out that toxicology reports are not yet available and said Bechler had “a number of serious medical conditions including liver disease, hypertension, an enlarged heart, and a history of heat-related illnesses.”

Replied Meiselman, “The arrogance of this company is beyond belief. It’s never their fault and, in the meantime, people are dying.”

Some doctors and experts refer to ephedra as “legal speed” and say it can lead to elevated heart rate and body temperature, and possibly strokes and heart attacks. The supplement has come under scrutiny in the last 18 months after the deaths of Northwestern safety Rashidi Wheeler, and those of semipro, college and high school players believed to have been using products containing ephedra.

Joshua Perper, medical examiner for Broward County, Fla., said last week that Bechler’s use of ephedra was a “significant element” in his death. On Tuesday, Perper said that the 23-year-old pitcher was overweight, had borderline high blood pressure and an enlarged heart. He also said Bechler was diagnosed two years ago with an abnormal liver.

Advocates of the dietary-supplement industry say ephedra is safe when taken in proper dosages, and dismiss assertions that the substance is lethal.

Michael McGuffin, president of American Herbal Products Assn., said Meiselman’s accusations are “inaccurate” and “what a plaintiff’s attorney has to say.”

“He’s just following the basic strategy of demonizing the defendant,” McGuffin said. “There’s a considerable amount of data supporting the idea that ephedra is safe. It’s used by millions and well tolerated by many. It just needs to be treated with respect.”

Bottles of Xenadrine RFA-1 carry a warning label that says customers should consult a doctor before using it “if you are at risk

McGuffin said his organization had lobbied the Food and Drug Administration since October 2000 to mandate strong cautionary labeling, proper dosages and prohibition of sales of ephedra products to minors.

“If it takes this [Bechler] incident to do so, it is painful, tardy and unfortunate,” McGuffin said.

Federal law allows the sale of ephedra products unless the FDA can prove they are harmful or make illegal claims.

Sen. Richard Durbin (D-Ill.) called for an immediate ban on ephedra in a letter Monday to Tommy Thompson, the secretary of Health and Human Services.

“That would be an abandonment of the scientific process, and it would not be a scientifically based decision,” McGuffin said. “It is nuts to look at ephedra for this death when it is the responsibility of sports management to ensure its athletes’ health is not compromised by a workout regimen.”

Paul DeMarco, an attorney representing the Stringer family, said the Vikings raised the specter of supplement use to cloud the real issue, that team officials were grossly negligent in treating Stringer’s condition.

“The Vikings have refused to own up to their own responsibility in this case,” DeMarco said. “When a person does that, the tendency is to find anyone else to blame. The real question in our case is, ‘What did you do to treat him?’ ”

Interviews and depositions indicate Stringer was left alone in the withering heat at the end of his final practice, writhing on the ground while fellow offensive linemen trudged through a post-practice blocking drill. Then, he essentially went untreated in an air-conditioned trailer for 40 minutes under the watch of an unregistered, 22-year-old trainer. All this happened a day after an overheated Stringer vomited five times on the opening day of camp, failed to finish the morning practice and sweated profusely into the night.

Almost four months after Stringer’s death, the Vikings said that he had a locker full of dietary supplements on the day he collapsed. The revelation cast doubt on the possibility that heatstroke alone had killed him. Right guard David Dixon, who roomed with Stringer at training camp, said in a signed affidavit that he believed Stringer told him he’d taken Ripped Fuel -- an ephedra product -- the morning of July 31, 2001, the day Stringer collapsed. The All-Pro tackle died early on the morning of Aug. 1.

Viking attorney James O’Neal said the supplement argument was not the overriding issue of the team’s defense. Rather, he said, the team is protected by state worker’s compensation laws and is not liable for Stringer’s death. He said the team was compelled to address the supplement issue because attorneys for the Stringer family had requested a dismissal of that argument.

“I would say it’s not the principle issue to be decided” in a March 4 hearing, O’Neal said. “It’s only raised at all because of a motion Mr. DeMarco made two weeks ago.

“We don’t think that this is the core issue at this time, and we don’t want to try the case in the media.”

The Stringer trial is scheduled for June 9.

In the documents they filed last week, Viking attorneys refer to testimony from Kelci Stringer, in which she said her husband took four capsules of Ripped Fuel before every game. Also, the Vikings contend, Stringer’s blood was tested for diuretics -- traces of caffeine were found -- but not for ephedra.

“Plaintiffs have long suggested that no evidence of Stringer’s ephedra use exists because blood tests after his death didn’t reveal the presence of ephedra,” Viking lawyers said. “However, the truth as revealed in discovery in this case, is that Stringer’s blood was never actually tested for the presence of ephedra.”

DeMarco said Viking physician David Knowles was in charge of determining what to test for in the last hours of Stringer’s life, and that the Blue Earth County medical examiner determined which tests should be performed after the player’s death. According to DeMarco, Knowles requested an ephedra test in the weeks after Stringer’s death but there wasn’t enough blood sample remaining.

Attorneys for the Stringer family said accusations that Korey had used ephedra on the day he collapsed were based on rumors and half-truths. He was supplement-free on the day he died, they say.

“The Vikings decided a long time ago they were going to smear Korey Stringer’s reputation,” DeMarco said. “Now they’re casting about in the dark, looking for evidence to back up the false things they said about him. They’re not going to find it.”

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Associated Press contributed to this report.