In its defense of a felony prosecution alleging fraud and consumer harm, Dallas-based USPlabs LLC is attempting to introduce experts to testify that its workout supplement OxyElite Pro was safe.
Free Confidential Lawsuit Evaluation: If you or a loved one has developed liver damage or hepatitis after taking OxyElite Pro, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
July 8, 2016 – An 11-count indictment brought last November claimed that USPlabs profited millions of dollars through a criminal conspiracy which included the production of fraudulent documents to hide the source of synthetic chemicals in its dietary supplements, including use of dimethylamylamine (DMAA) and an outbreak of liver injuries linked to OxyElite Pro in 2013.
Criminal charges have been filed against USPlabs, its contract manufacturer S.K. Laboratories, and executives for both companies. A Nebraska-based consultant who worked with USPlabs also was named as a defendant in the indictment, according to Natural Products Insider.
Defense lawyers want the judge to conduct a hearing to decide whether experts will be allowed to testify on the safety of OxyElite Pro. Such expert testimony should be addressed with a hearing before the case moves to trial, the filing said.
The defense team intends to call numerous experts to support their belief that OxyElite Pro was safe to use as directed, including clinicians who can review medical records, treatment and history of patients who were allegedly injured by the supplement. Prosecutors also intend to call their own experts, including a specialist who can discuss the efficacy of dietary supplements in general, as well as the results of studies regarding the safety of OxyElite Pro and its link to a hepatitis outbreak, according to court filing issued last month.
In a wrongful death lawsuit filed against USPlabs that was dismissed earlier this year, the judge struck the testimony of 3 plaintiffs’ experts who were attempting to illustrate the risks of DMAA in USPlabs’ supplement Jack3d, and that it was likely a contributing factor in a soldier’s death.
Regulators have described DMAA as an amphetamine-like substance that is unfit for use in dietary supplements, though products containing the chemical are still widely available.
Last month, U.S. Magistrate Judge Paul Stickney granted the defendants permission to communicate with each other in order to prepare their defense. The case is pending in the U.S. District Court for the Northern District of Texas, Dallas Division.
Do I Have an OxyElite Pro Lawsuit?
The Pharmaceutical 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 hepatitis and liver damage cases in all 50 states.
Free Confidential Case Evaluation: Again, if you were injured by OxyElite Pro side effects, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.