Hydroxycut Lawsuit Consolidation Request Scheduled for MDL Panel Hearing

A hearing before the U.S. Judicial Panel on Multidistrict Litigation is scheduled for later this month to determine whether all federal Hydroxycut lawsuits filed in various courts throughout the country should be centralized and consolidated before one judge for pretrial litigation as part of an MDL, or Multidistrict Litigation.

Hydroxycut, which was made by Iovate Health Sciences, is a dietary supplement and weight-loss aid that was recalled on May 1, 2009, after the FDA identified a number of reports where users suffered serious and potentially life-threatening liver damage. The FDA also reported that use of Hydroxycut was linked to reports of seizures, heart problems and a rare muscle damaging condition known as rhabdomyolysis.

Since the Hydroxycut recall, at least 17 lawsuits have been filed against Iovate Health Sciences over injuries allegedly caused by Hydroxycut side effects. The cases are currently pending in 13 different federal district courts, containing similar allegations that Iovate Health Sciences failed to adequately research their products or warn about the potential risks.

Some plaintiffs have filed a motion asking that all of the cases be consolidated into an MDL, where one judge will preside over the coordinated pretrial proceedings. An MDL is designed to avoid inconsistent pretrial rulings, repeat discovery on issues that are common to all cases and to serve the convenience of the parties, the witnesses and the court.

The plaintiffs who brought the request have proposed that the cases be centralized in the U.S. District Court for the Southern District of California, where three of the cases are currently pending.

Oral arguments from plaintiffs and defendants will be heard by the U.S. Judicial Panel on Multidistrict Litigation on September 24, 2009, in Richmond, Virginia. The Panel will evaluate whether consolidation is appropriate in the Hydroxycut litigation and determine which court will receive the cases.

If an MDL is formed, all pending cases will be transferred to one district for pretrial litigation. In addition, as additional cases are filed by Hydroxycut lawyers who are currently investigating potential claims, they will also be transferred to the MDL. If the cases do not settle or otherwise resolve during the pretrial proceedings, they will be returned back to the court where they were filed for trial.