Following the May 1 withdrawal and recall of Hydroxycut from the market
,
Anapol
Schwartz attorneys filed a
complaint
today on behalf of a 28-year old Rock County, Wis., man who suffered
serious injuries from the dietary supplement.
Co-lead counsel
Thomas
Anapol and
Barry
Hill filed the case in the U.S. District Court, Western District of
Wisconsin, naming defendants Wal-Mart Stores, Inc., d/b/a Sam’s Club
(which marketed and sold the supplement), Iovate Health Sciences, Inc.
(which developed, patented, manufactured, distributed and marketed
Hydroxycut products), and other companies operating under the Iovate
corporate umbrella.
The
Hydroxycut
lawsuit claims that Wal-Mart, as the seller, and that Iovate, as the
manufacturer, are responsible for the plaintiff’s liver failure, because
Hydroxycut’s risk of causing
liver
failure outweighs any benefits the product might have.
“This is not like a prescription drug, where the manufacturer has to
prove to the FDA that the product has a benefit before it can be sold.
Dietary supplement makers do not need FDA approval to put their products
on the market. There is no good scientific study demonstrating that
Hydroxycut has a benefit. Therefore, any risk of serious injury, such as
liver failure, is unacceptable,” says
Hydroxycut
case lawyer Anapol, who has also represented consumers harmed by
prescription drugs and medical devices.
The plaintiff took Hydroxycut rapid release caplets, as directed by the
product label, for three-plus weeks. After becoming ill, an emergency
room visit detected hepatitis and jaundice. Hospitalized 11 days later,
tests revealed acute hepatitis with necrosis of the liver. Despite
successful treatment, he missed significant time from work.
The complaint quotes the plaintiff’s liver specialist, saying the
plaintiff “developed hepatotoxicity due to the dietary supplement
Hydroxycut.”
The victim and his wife are asking for a judgment against Wal-Mart and
Iovate for economic and noneconomic compensatory damages, and for a
punitive damages judgment against Iovate only.
Anapol and Hill are representing individuals with other
Hydroxycut
claims, including a 27-year old former sergeant suffering from
rhabdomyolysis, an acute muscle tissue breakdown that can trigger liver
and kidney damage. The condition has dramatically weakened his physical
strength and ended his army career. The firm is also investigating
claims involving Hydroxycut users suffering from heart attacks and
strokes.
For more on information on the Hydroxycut litigation, contact
1-866-735-2792.
Founded in 1977,
Anapol,
Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., is a civil
justice law firm with more than 25 attorneys and
law
offices in Philadelphia, Media, Reading and Harrisburg, Pa., as well as
Cherry Hill, N.J. and Wheeling, W.Va. The firm has represented
consumers in matters ranging from dangerous prescription drugs and
medical negligence to unsafe products and hazardous work site cases.
