Plaintiff used an electronic machine for figure control from May, 1959 through October, 1969. Because of her use of the machine, plaintiff was caused to develop multiple sclerosis affecting her nervous, muscular and optic systems.


The FDA subsequently took these units off the market, as dangerous to health. In January, 1971 the FDA sent out an additional warning that the sale of secondhand units was illegal, and recommended that owners destroy them or render them inoperable. The plaintiff purchased the machine second-hand.