Lawsuit Against Vibram Survives Motion to Dismiss

And wait a minute, are they saying their other conventional running shoes don't strengthen the foot and ankle? Well, if they don't strengthen the foot and ankle, they must be atrophying the foot and ankle, and right there would be a sue-able offense.

If a product that causes weakness can be proved to be damaging it surely stands a good chance of being the subject of a successful law suit, unless there are substantial benefits. In my view that has to be the case; how would a skin cream that makes skin permeable to viruses, or a supplement that makes bones porous be judged in a 'health and Saftey' context? To withstand such a suite, the benefits would have to be proved to outway the negative aspects. For instance, steroidal medicines have a whole array of nasty contraindications, but they are often needed.

How about the manufacturers and prescribers of orthotics? Those companies/individuals can no doubt claim that without such intervention, patients' existing conditions would not have been treated effectively. I think that to break that defence we need well designed longitudinal studies that demonstrate biomechanical strengthening to be more effective at alleviating/preventing injury than simply shoring up weakness. Common sense says that in most cases this MUST be the case, but do those studies exist, and are they being conducted?
 
How about the manufacturers and prescribers of orthotics? Those companies/individuals can no doubt claim that without such intervention, patients' existing conditions would not have been treated effectively.

There is a huge number of papers in the scientific literature about orthotics and how some of the at least work. Except all the orthotics compare themselves to being shod without the orthotics and nobody checks to see if the lack of shoes would be any better. There was also a NY Times story about how a lot of that might be placebo effect.

http://ahcuah.wordpress.com/2012/01/26/a-news-story-about-orthotics/
 
How about the manufacturers and prescribers of orthotics? Those companies/individuals can no doubt claim that without such intervention, patients' existing conditions would not have been treated effectively. I think that to break that defence we need well designed longitudinal studies that demonstrate biomechanical strengthening to be more effective at alleviating/preventing injury than simply shoring up weakness. Common sense says that in most cases this MUST be the case, but do those studies exist, and are they being conducted?

Thank you. That's my point. There have not been any studies to show that all this cushioning and support and control help the foot or hurt the foot. That's what we need, but who is going to take on these costly studies?
 
There is a huge number of papers in the scientific literature about orthotics and how some of the at least work. Except all the orthotics compare themselves to being shod without the orthotics and nobody checks to see if the lack of shoes would be any better. There was also a NY Times story about how a lot of that might be placebo effect.

http://ahcuah.wordpress.com/2012/01/26/a-news-story-about-orthotics/

I've read too many complaints from people stating that their orthotics didn't help but in fact caused them pain. I am one of them.

And I have often wondered why it is that MOST medical insurance companies do not pay for orthotics. Is it because they know that historically, statistically , they do not work?
 
There is a huge number of papers in the scientific literature about orthotics and how some of the at least work. Except all the orthotics compare themselves to being shod without the orthotics and nobody checks to see if the lack of shoes would be any better. There was also a NY Times story about how a lot of that might be placebo effect.

http://ahcuah.wordpress.com/2012/01/26/a-news-story-about-orthotics/

I'd like your permission to republish this to the home page, please? Thanks!
 
On it. Thank you.

And no, you're not overexposed. Great writers can never be. :writing:
 
Wow. Too bad. I can't imagine any of the people in class action suit (real people, not lawyers) are going to be happy with the settlement. In a way, they got bamboozled by the lawyers too: they're not really going to get anything. I would have liked it if Vibram took the thing to trial and used it as an opportunity to put the running shoe industry on trial. But...that would cost them a lot of money. Sleaze wins.
 
Wow. Too bad. I can't imagine any of the people in class action suit (real people, not lawyers) are going to be happy with the settlement. In a way, they got bamboozled by the lawyers too: they're not really going to get anything. I would have liked it if Vibram took the thing to trial and used it as an opportunity to put the running shoe industry on trial. But...that would cost them a lot of money. Sleaze wins.

John makes a very good a valid point. This sucks!
 
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