In New York and throughout the country, new weight loss supplements are
always coming on the market, as other similar proposed remedies lose their
initial interest and are withdrawn or fade away into obscurity. Many of
those products have in the past been tainted with claims of one danger
or another to human health. Recently, a flood of lawsuits has been unleashed
against the maker of a weight loss supplement called OxyElite Pro, based
on it being allegedly a dangerous product.
Numerous cases of liver disease have been reported by users of the now-suspect
supplement. Several people have required liver transplants, including
a 22-year-old man. Others were hospitalized with various forms of liver
disease. The lawsuits have been filed against USPlabs and the apparent
distributor, GNC Stores, which is an international distributor of health
food products and nutritional supplements.
Under strict liability, the plaintiffs must prove that the product was
defective, unreasonably dangerous to the intended user, and that the injury
was caused by that unreasonably dangerous defect. The Centers for Disease
Control report that 72 people got sick on the supplement in the past six
months. There were 47 hospitalizations out of that group of victims. A
concentration of victims appears to have been from Hawaii, but there were
some reported injuries in other states.
Each victim has the right to bring a claim for products liability on the
basis of the dangerous product manufactured and sold by the defendants,
whether in New York or any other state. Monetary compensation would cover
all medical expenses, lost wages, temporary or permanent loss of future
earning capacity, along with pain and suffering, loss of consortium and
loss of life’s pleasures. Other elements of damages may be included
in the claim depending on the circumstances.
Source: hawaiinewsnow.com, "The lawsuits pile on against makers of weight
loss supplements", Lynn Kawano, Aug. 22, 2014