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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?
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:
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:
If you have more questions and you're a victim, be sure to seek legal help soon.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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