Hydroxycut claims initially involved a class action lawsuit, but that class action suit has already settled, preventing new plaintiffs from joining it. However, individuals may still file personal injury lawsuits against Hydroxycut’s makers, Iovate, to recover compensation.
To learn about your options regarding a lawsuit against Iovate for damages resulting from the use of Hydroxycut, call Ankin Law at 312-600-0000 to consult with a Chicago mass tort attorney.
What Are Class Action Lawsuits?
Class action lawsuits, including the settled Hydroxycut lawsuits, involve multiple plaintiffs who join together to file a collective suit against one or more defendants. Typically, class action lawsuits arise when individual claims are too small to pursue on their own. Attorneys collaborate to combine the cases into a single large settlement before distributing the settlement to all plaintiffs.
It’s important to know what to expect in a class action lawsuit before you seek to join one.
Plaintiffs in these cases share similarities, such as sustaining damages from a defendant through harm from defective products, misleading advertising, or other negligent causes. One or a few representatives then stand for the entire group of plaintiffs by filing a lawsuit against the named defendants.
Before developing a class action lawsuit, a designated court must certify the class involved, determining that all the claims involved are similar enough to warrant a class action. Once initiated, all class members must receive notification of the class action through mail, email, or other points of contact.
If you sustained damages because of the use of Hydroxycut, you may still pursue legal action with the help of a mass tort lawyer, but you will no longer be able to join the class action.
How Do Hydroxycut Claims Work in Illinois?
Hydroxycut refers to a family of dietary supplements that people can easily buy without a prescription to assist with muscle gain or weight loss. The main active ingredient in these supplements is C. canephora robusta, or robusta coffee extract.
Hydroxycut’s manufacturer, Iovate Health Sciences International, issued a recall for these supplements in 2009, when the Food and Drug Administration (FDA) determined that they were causing health problems in the people who consumed them. Multiple studies determined that Hydroxycut’s formula was capable of causing damage to people’s livers, in some cases resulting in death.
So, is Hydroxycut still banned? Following the recall, Iovate has claimed that Hydroxycut’s new formula is devoid of the ingredients that caused liver failure, including conditions ranging from hepatotoxicity to seizures.
Due to the health problems resulting from the use of Hydroxycut products, plaintiffs opened a class action lawsuit against the company. The products named in this suit included Hydroxycut Max, Hydroxycut 24, and Hydroxycut Hardcore.
Although the Hydroxycut class action lawsuit has settled, you may still be able to file a lawsuit against Hydroxycut.
Qualifications to Join a Class Action Lawsuit
When the Hydroxycut class action lawsuit was active, plaintiffs would have been able to file claims if they had taken one of the named Hydroxycut supplements and suffered:
- Liver failure or damage
- Jaundice
- Elevated liver enzymes
- Kidney failure
- Rhabdomyolysis
- Death
The class action lawsuit would have allowed individuals to join if they experienced these symptoms after consuming Hydroxycut products between May 9, 2006 and May 1, 2009.
Why You Should Hire a Mass Tort Attorney in Chicago
While you no longer have the option of becoming a part of the Hydroxycut class action suit, you may still qualify for an individual personal injury case if you or a loved one consumed Hydroxycut and suffered liver damage or other related injuries or illnesses. However, to succeed in a case against a large company like Iovate, you need reliable legal representation that can detail the elements of a tort case and walk you through the process. If warranted, your lawyer could even help you learn how to file a class action lawsuit.
Determine Liability
To succeed with a tort case, you need to prove the other party was liable for the damages you sustained.
In the process, you need to show how Iovate owed a duty of care, such as through properly advertising the risks of taking Hydroxycut or making its products safe for consumption. You then need to prove that Iovate breached this duty of care, that this breach of duty caused harm to you or a loved one, and that this harm resulted in calculable damages.
An attorney can work to prove each of these items to successfully determine liability.
Calculate Compensation
Based on the damages you sustained because of Hydroxycut consumption, you may qualify for compensation, including a combination of economic, non-economic, and punitive damages.
- Economic Damages: Victims of liver damage and other effects from Hydroxycut use may be able to recover economic damages, including medical expenses, lost income, and lost earning capacity. These damages pertain to the direct financial damage resulting from the use of Hydroxycut.
- Non-Economic Damages: Claimants may recover non-economic damages that account for the personal losses suffered from Hydroxycut use. People who suffer liver problems or the families of deceased victims may suffer from pain and suffering, trauma, mental anguish, and more.
- Punitive Damages: If your attorney determines that Iovate was liable for gross negligence, you may also be able to seek punitive damages. Only the courts can award these in a trial with the goal of punishing defendants for their actions.
An experienced lawyer will help you identify and quantify damages in a lawsuit, ensuring you fight for the total amount you’re able to recover.
Gather Evidence
You must have enough evidence to support a case against Iovate. There are several pieces of evidence that help you build a solid case, which your lawyer can obtain.
For example, you might have receipts and containers proving that you had purchased and consumed Hydroxycut products. In addition, you may have accrued medical bills to help diagnose and treat hepatotoxicity or other conditions resulting from Hydroxycut use. Other types of evidence may include proof of lost income or a “pain journal” detailing your personal suffering. A lawyer can effectively collect all relevant evidence and organize it to bolster your case.
Negotiate With Insurers
Another critical way an attorney helps is by negotiating with insurers in the claims process. Companies like Iovate have effective insurers behind them to help them combat all types of cases, which can make it especially hard to get a fair settlement.
Insurers will often work to minimize or deny a claim, usually by claiming that the claimant is at least partially liable or doesn’t have a valid case. In the process, adjusters may want to obtain problematic statements from you or make an offer that’s far lower than the actual value of your case.
Your lawyer should have experience with the kinds of tactics insurers often use to reduce cases. They can make counteroffers and help you avoid making statements that might otherwise compromise the integrity of your case.
Take the Case to Court
While most personal injury cases and mass torts settle during the claims process with insurers, some may warrant a trial setting. If you need to take your case to court, it’s essential to have a mass tort attorney by your side who knows how this process works.
During a trial, you will need to present your case effectively from the start, making a compelling opening argument. From there, the discovery process will entail providing both parties with sufficient information to support their arguments. This part of the process takes the longest to complete, in some cases as long as months or even years.
The trial process will end when both parties make their closing arguments and a judge or jury decides on the verdict.
Representing yourself in a case against a large company like Iovate could seriously hurt your chances of succeeding. You must have plenty of trial experience and know how to build a solid case and make your arguments. A lawyer with experience handling these types of matters will be more likely to get the kinds of results you need.
Find the Right Mass Tort Attorney in Chicago
Have you or a loved one suffered from the use of Hydroxycut and wish to file a claim or lawsuit against Iovate? While the time for a class action lawsuit has passed, you may be able to file an individual claim with the help of the right personal injury lawyer.To consult with an attorney about a potential case, contact us for help from the right attorney at Ankin Law.