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Marine files lawsuit against Hydroxycut after life-threatening liver failure
The lawyers of Weitz & Luxenberg P.C. have filed suit against Hydroxycut makers Iovate Health Sciences, Muscletech Research, and several other defendants on behalf of U.S. Marine Sgt. Jeremiah D. Smith.
Smith, an enlisted marine, suffered life-threatening liver failure after taking Hydroxycut diet supplements while serving in Iraq. Hydroxycut products have been popular among soldiers in the U.S Armed Forces. Unaware of the dangers, members of the military have been using these supplements as aids for fitness and alertness on duty.
On Smith's behalf, the Weitz & Luxenberg firm, together with Casey Gerry Schenk Francavilla Blatt & Penfield, LLP, filed a complaint (docket # L349909) in New Jersey Superior Court, Atlantic County on November 10, 2009.
Disturbing disregard for human life
Ellen Relkin, an attorney in the Weitz & Luxenberg defective medicines and medical devices unit, said, “The makers of Hydroxycut, a 'dietary supplement' that is not FDA-approved, were well aware that Americans serving in Iraq were using Hydroxycut products as energy boosters and to use with weightlifting workouts. So they were equally aware these soldiers were using this product in the desert in the midst of a war, with limited medical care.
“Equally, if not more disturbing,” said Relkin, “is the fact that the company has allegedly ‘reformulated’ these products, substituting untested and dangerous ingredients with other risky substances for ingestion by our soldiers, teens and others, hawking them aggressively on TV and creating another round of human guinea pigs.”
Gayle M. Blatt, partner at Casey Gerry, agrees. “It is a privilege to represent Sergeant Smith and others injured by these over-the-counter products. No one should have to experience the ordeal that they have undergone.”
Marine in Iraq falls prey to Hydroxycut
Smith was on active duty when he purchased and ingested Hydroxycut Hardcore Liquid Caplets at the recommended dose. As a result, he suffered liver failure, was subsequently med-evaced from Iraq, and hospitalized for several weeks. Placed on medical leave, he was unable to return to active duty for months.
The 9-count complaint alleges the defendants were negligent in warning the public of the dangerous side effects associated with Hydroxycut; that the products were defective and unreasonably dangerous to consumers; and that the defendants failed to provide adequate warnings concerning potential harms and dangers of Hydroxycut to people ingesting it.
Hydroxycut’s serious health risks were hidden from people who might otherwise not have taken it. On April 30, 2009, the Food and Drug Administration (FDA) sent a letter to Iovate Health Sciences, Inc., stating, “… the Agency concludes that the ingestion of the dietary supplement Hydroxycut presents a severe potentially life-threatening hazard to some users.”
The FDA has received 23 reports of adverse liver effects in users of Hydroxycut products, ranging from asymptomatic blood liver enzyme changes, jaundice, liver damage and liver transplant to death. In addition, the Agency has said it is aware of four case reports in the medical literature involving six patients who were diagnosed with serious liver disease and who had consumed Hydroxycut.
Total Recall
On May 1, 2009, the FDA announced consumers should immediately stop using Hydroxycut products. Since then, numerous families have come forward to say loved ones have been harmed by one or more of the products in the recall:
- Hydroxycut Regular Rapid Release Caplets
- Hydroxycut Caffeine-Free Rapid Release Caplets
- Hydroxycut Hardcore Liquid Caplets
- Hydroxycut Max Liquid Caplets
- Hydroxycut Regular Drink Packets
- Hydroxycut Caffeine-Free Drink Packets
- Hydroxycut Hardcore Drink Packets (Ignition Stix)
- Hydroxycut Max Drink Packets
- Hydroxycut Liquid Shots
- Hydroxycut Hardcore RTDs (Ready-to-Drink)
- Hydroxycut Max Aqua Shed
- Hydroxycut 24
- Hydroxycut Carb Control
- Hydroxycut Natural
Consumers who have these products are advised to stop using them immediately and return them to their place of purchase. Consumers who have ingested them may want to undergo medical examination to document the effects, if any. Such documentation would prove invaluable in any ensuing litigation.
Are you suffering health problems caused by Hydroxycut? Know your rights. Servicemen and servicewomen harmed by Hydroxycut products may contact us for a free lawsuit review by completing the form below.
see also:
Hydoxycut Recall
Hydroxycut recalled after damaging customers' livers, hearts, and brainsInformation on the Hydroxycut recall and what can be done for those injured
Side Effects
Hydroxycut Supplement Side Effects | Weitz & Luxenberg FDA warns of liver disease and other side effects from Hydroxycut
Hydroxycut
Hydroxycut linked to liver damage and what can be doneDid you take hydroxycut and develop liver damage? Work with Weitz & Luxenberg to file a case.
