November 22, 2013 – A pair of Hawaiians who allegedly suffered severe liver injuries after taking the now banned pre-workout weight loss supplement OxyElite Pro are the latest to file lawsuits against Dallas, TX-based USPlabs. Everine Van Houten, 33, and Kenneth Waikiki, 22, allege that OxyElite Pro caused them life-threatening liver damage requiring emergency hospitalization and, in Waikiki’s case, a liver transplant operation. The U.S. Food & Drug Administration (FDA) announced that OxyElite Pro had been officially recalled on November 10, after the product had been found to be adultered and linked to a nationwide outbreak of liver illnesses.
Update 4/16/14: Earlier this month, a panel of federal judges denied a motion by the makers of OxyElite Pro and Jack3d to transfer and consolidate a number of products liability lawsuits to federal court in Philadelphia. The litigation contends that the supplements contained altered ingredients that were unsafe and unapproved by the FDA, leading to a nationwide hepatitis outbreak. Click here to learn more.
Free Confidential Lawsuit Evaluation: If you or a loved one has developed liver damage, liver failure, or hepatitis after taking OxyElite Pro, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and we can help.
What’s the Problem?
According to Hawaii News Now, Van Houten and Waikiki developed severe health complications after taking OxyElite Pro, a thermogenic dietary supplement designed to burn calories and provide intense boosts of energy before workouts. Van Houten had to go to a hospital every week for two months before she was diagnosed with liver damage. Waikiki, on the other hand, lapsed into a coma and required an emergency liver transplant procedure to save his life.
What Will the Plaintiffs Need to Prove?
While it is still not clear exactly what Waikiki’s OxyElite Pro lawsuit is claiming, Van Houten’s complaint is reportedly alleging negligence, breach of warranties, and strict liability. Strict liability is considered a product liability claim, which occurs when a dangerous or defective product causes an injury. With this type of lawsuit, an injured plaintiff may qualify for compensation if the following conditions are met:
- The product has been proven to be unreasonably dangerous. There must be a fundamental defect in the product that caused the injury. In the case case of OxyElite Pro, an ingredient called aegeline has not been proven to the U.S. Food & Drug Administration (FDA) to be safe. This could be used to prove that OxyElite Pro was dangerous and defective.
- The product was used in a so-called “ordinary” way, as it was intended to be used. For example, if Van Houten and Waikiki intentionally overdosed on OxyElite Pro, this would not constitute ordinary use.
- The product was not substantially altered from the condition it was in at the time it was purchased. For example, if a third party had tampered with the packaging of OxyElite Pro after the products had been purchased, it would likely affect the plaintiffs’ claims.
If You’ve Been Injured by OxyElite Pro
If you suffered a serious injury after taking OxyElite Pro, you should:
- Seek immediate medical attention.
- Save all evidence. This step is crucial if you plan on filing a lawsuit. This includes all packaging and receipts.
- Document all the expenses you incur that are related to OxyElite Pro, especially medical expenses.
- Contact a knowledgable and experienced OxyElite Pro lawyer who can advise you about how to proceed with your claim.
Do I Have an OxyElite Pro Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in OxyElite Pro Lawsuits. We are handling individual litigation nationwide and currently accepting new OxyElite Pro liver damage, liver failure, and hepatitis cases in all 50 states.
Free Confidential Case Evaluation: Again, if you were injured by OxyElite Pro, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.