OWENSBORO, Ky. (Legal Newsline) – A widow residing in Philpot, Kentucky alleges that the Indianapolis dietary supplement manufacturer of All Day Energy Greens sold contaminated products that caused her husband's death.
Kaye Wink, individually and as next of kin of Donald Wink, deceased, filed a complaint on behalf of all similarly situated persons on July 13 in the U.S. District Court for the Western District of Kentucky, Owensboro Division against NaturMed Inc., doing business as the Institute for Vibrant Living, alleging breach of implied warranty, unjust enrichment, negligence misrepresentation and other counts.
According to the complaint, the plaintiff alleges that Donald Wink suffered injuries by consuming toxic dietary supplements manufactured by the defendant, which resulted in his death. The suit states the defendant issued a recall on the All Day Energy Greens in March and notified consumers that purchased the product directly through it. The plaintiff holds NaturMed Inc. responsible because the defendant allegedly knew that its product contains substances toxic to humans but failed to disclose this information to consumers.
The plaintiff requests a trial by jury and seeks monetary judgment, punitive damages, permanent injunction, all legal fees and interest and any further relief this court grants. She is represented by Tim Edwards and Kevin McCormack of Ballin, Ballin & Fishman PC in Memphis, Tennessee; and Frank L. Watson III and William F. Burns of Watson Burns, PLLC in Memphis, Tennessee.
U.S. District Court for the Western District of Kentucky, Owensboro Division Case number 4:16-cv-00090-JHM-HBB