People continue to file Hydroxycut lawsuits against this supplement’s makers because of harm resulting from its active ingredients. If you suffered injuries, illnesses, and other damages after taking Hydroxycut, you may qualify for a personal injury lawsuit against the manufacturers.
For help with a Hydroxycut lawsuit or another mass tort case, call Ankin Law at 312-600-0000 to schedule a free consultation with one of our experienced mass torts attorneys.
What Is Hydroxycut?
Hydroxycut is a family of dietary supplements intended to help with muscle gain and weight loss. People can get this supplement over the counter without a prescription.
The active ingredient in most Hydroxycut products is C. canephora robusta, which is the scientific name for Robusta coffee extract. Additional ingredients include caffeine anhydrous, green coffee extract, and cayenne pepper.
The products’ manufacturer, Iovate Health Sciences International, is behind Hydroxycut and has come under fire over the years because of the health risks attributed to this particular brand.
What Are the Legal Issues Surrounding Hydroxycut?
The mass tort and class action lawsuits against Iovate began in 2009, when a growing number of studies came out revealing the hepatotoxicity resulting from the use of Hydroxycut products. In other words, researchers found that Hydroxycut can cause damage to the liver because of its previous formula’s ingredients.
The Food and Drug Administration (FDA) and others determined that Hydroxycut products could cause:
- Hepatotoxicity, also known as liver toxicity, which can impair the liver’s function over time
- Rhabdomyolysis, a degenerative muscle condition
- Seizures
In extreme cases, hepatotoxicity can cause liver failure, as the liver loses the ability to function properly. However, Iovate has since stated that Hydroxycut products today lack the harmful ingredients they once contained.
Because of these health issues, individuals began to join a class action lawsuit against Iovate to recover compensation for the damages they sustained. The lawsuit claimed that Iovate should have either changed its formula or used Hydroxycut product warnings in advertising and on packaging, making the company liable for the harm its products caused.
The class action Hydroxycut lawsuits have since settled, but individuals may be able to file individual personal injury lawsuits against Iovate if they believe that consuming Hydroxycut products has harmed them.
How to Know if You Qualify for a Hydroxycut Lawsuit
You may wonder if you’re eligible for a class action lawsuit against Iovate, but the class action cases have closed. However, you may have other options to recover compensation from Iovate if you believe that any of the Hydroxycut products caused liver damage or other related health issues.
There are multiple conditions that may warrant a settlement for plaintiffs, including:
- Liver damage or liver failure
- Kidney failure
- Jaundice
- Elevated liver enzymes
- Rhabdomyolysis
- Death
To determine what approach you’re able to take to recover compensation damages after experiencing Hydroxycut’s adverse effects, reach out to a reputable Hydroxycut lawyer in Chicago to discuss a case.
Factors That Could Impact a Settlement
There are several factors that could impact the timeline and settlements in Hydroxycut lawsuits.
The Date of Use
One primary factor when considering whether you could join the Hydroxycut class action lawsuit was when individuals consumed products with the old formula linked to liver damage. Specifically, you would have qualified for the class action case if you consumed any of the Hydroxycut products after May 9, 2006, but before May 1, 2009.
If you consumed Hydroxycut after this period, you may not be able to seek compensation through a class action suit. On the other hand, if you still believe that liver damage or other health issues linked to Hydroxycut use results from the use of these products, you can speak with a mass torts lawyer to discuss an individual lawsuit.
The Quantity of Plaintiffs
Generally, the more plaintiffs join a class action suit and the greater the damages sustained, the more compensation they’re likely to recover in these types of cases. However, these factors can further complicate the case and lead to longer cases that can take years to settle.
The Nature of Injuries and Other Damages
You’ll also need to take into account the extent of your health conditions and damages stemming from them. In the Hydroxycut class action case, plaintiffs would have qualified for compensation if they sustained liver damage, seizures, or other types of health issues that studies linked to Hydroxycut use. Specifically, plaintiffs may be able to recover economic, non-economic, punitive, or wrongful death damages in mass tort and class action lawsuits.
Steps to Take in a Hydroxycut Lawsuit
If you or a loved one experienced health issues connected to Hydroxycut use and would like to seek compensation, you may do so with an individual personal injury lawsuit. The following are steps to take to succeed with Hydroxycut lawsuits:
Collect Medical Records and Seek Treatment
To prove that Hydroxycut use contributed to liver damage or other conditions, you must seek medical care and collect records proving the nature of your condition.
Additionally, you should adhere to your doctor’s treatment plan unless you consult him or her about any changes. Otherwise, failure to stick to your prescribed treatment could indicate to defendants that your conditions aren’t as serious as you argue in court.
Document Your Use of Hydroxycut
Additionally, you must keep track of your use of Hydroxycut. You can do so by holding onto receipts and containers and documenting the dates when you started and ended use. This documentation can clearly show that your use of Hydroxycut and the extent of it could have contributed to health issues over time.
Consult an Attorney
While the original class action Hydroxycut lawsuits have ended, you may still have legal options available to you to recover compensation from Iovate.
Once you begin medical treatment and document your use of Hydroxycut, speak with an attorney with experience handling product liability cases and mass torts like the Hydroxycut case.
A good lawyer will be able to meet with you in a free consultation to discuss a lawsuit or claim, reviewing the facts of your case in the process. Any previously obtained medical records and documented Hydroxycut usage could help an attorney determine whether you have a viable case.
Determine the Damages
As discussed, there are multiple types of damages that plaintiffs could recover in Hydroxycut lawsuits, including economic, non-economic, punitive, and wrongful death damages.
The following is a breakdown of each type:
- Economic Damages: The first type of damage to consider is economic. These take into mind the overall financial cost of treating and recovering from health issues resulting from Hydroxycut use. For example, victims may need urgent care along with ongoing treatment for many years to treat hepatotoxicity, kidney failure, and other conditions. At the same time, they may lose income while out of work.
- Non-economic Damages: These damages pertain to victims’ quality of life while experiencing Hydroxycut-related health issues. Patients with liver damage and other difficult conditions are often likely to experience psychological distress, including anxiety and depression, along with trauma and loss of enjoyment of life.
- Punitive Damages: If your attorney believes that the defendant in a lawsuit is liable for gross negligence or malicious intent, he or she may pursue punitive damages on top of the above compensatory damages. The goal of these damages is to punish defendants for their behavior and mitigate the risk of similar cases in the future.
- Wrongful Death Damages: In cases like the Hydroxycut lawsuits, victims have died as a result of their health conditions. In these instances, the victim’s loved ones may be able to seek compensation for costs leading up to and following the person’s death, including funeral and burial costs in addition to medical bills from when the victim was alive.
Having an attorney by your side to help identify and calculate damages is essential, as there may be many that contribute to your total settlement amount.
File a Lawsuit
With evidence gathered, and a settlement calculated, your attorney could then initiate a lawsuit against Iovate. This process would begin with filing a complaint that discusses your injuries and how Iovate is liable.
Your lawyer could then negotiate with Iovate’s attorneys to reach a settlement, taking the case to court if necessary. Your attorney could navigate you through the legal process while you focus on recovering, helping you recover total compensation.
Contact a Chicago Hydroxycut Attorney Today
If you’ve sustained health conditions related to Hydroxycut use, the attorneys at Ankin Law can assist you in filing a lawsuit against the manufacturers of these products. Contact us today to schedule a free consultation with one of our lawyers and learn about your options for filing a claim or lawsuit.