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2 OxyElite Pro Lawsuits Filed After Recall

By Betty Wang, JD on November 22, 2013 11:11 AM

Two OxyElite Pro lawsuits have been filed after a nationwide recall.

Hawaii residents Everine Van Houten, 33, and Kenneth Waikiki, 22, allege OxyElite Pro caused severe health problems, Honolulu's KGMB-TV reports. Van Houten had to visit the emergency room every week for two months before it was confirmed that she had liver damage. Waikiki, on the other hand, fell into a coma and then required a liver transplant.

What will these alleged victims need to prove in order to win their lawsuits?

Proving Product Liability

While reports do not indicate exactly what Waikiki's lawsuit is alleging, Van Houten's suit alleges negligence, breach of warranties, and strict liability, according to Natural Products Insider.

Strict liability falls under product liability, which generally exists when a defective or dangerous product causes an injury. With strict liability, an injured consumer is typically entitled to compensation as long as the following conditions exist:

  • It's unreasonably dangerous. There must be some type of unreasonably dangerous defect in the product that injured the consumer. In this case, for example, Aegeline, a synthetic version of a natural extract found in OxyElite, has not yet been proven by the FDA as safe in dietary supplements, according to the Hawaii Reporter. This could be used to prove the product was dangerous.
  • It was used in an "ordinary" way. The product has to have been used in a way it was intended to be used. For example, if Van Houten and Waikiki intentionally overdosed on the supplement, this would likely not be considered ordinary use.
  • It was not substantially changed. The product shouldn't have been substantially changed from the condition it was in at the time of purchase. For example, if someone else had tampered with the packages after they'd been purchased, this would likely affect the plaintiffs' claims.

If You're Also Injured

If you've also taken OxyElite Pro and think you have an injury claim, it's best to seek out an experienced products liability attorney who can help. He or she will then likely advise a number of things, such as:

  • Seek medical attention. First things first, if you feel sick or have taken OxyElite Pro, you should see a doctor immediately.
  • Save all evidence. Saving evidence is crucial in preparation for a lawsuit. This includes empty bottles of the pills and all receipts.
  • Keep track of expenses. It's best to save documentation of all the expenses you incur that are related to your consumption of OxyElite Pro, especially medical expenses.

If you have more questions and you're a victim, be sure to seek legal help soon.

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