Lawsuit Filed Over Liver Transplant from OxyElite Pro Supplement

A growing number of OxyElite Pro lawsuits are being filed against USPLabs over their recalled dietary supplement, with one of the latest cases alleging that a former user had to undergo a liver transplant as a result of problems caused by OxyElite Pro.

According to a complaint (PDF) filed in the U.S. District Court for the District of Hawaii on November 21, Kenneth Waikiki experienced sudden liver failure from OxyElite Pro, which resulted in the need for a liver transplant.

Waikiki indicates that he began taking OxyElite Pro Super Thermo in August 2013, after purchasing the supplement at a GNC store in Kailua-Kona, Hawaii. A short time later, he began experiencing OxyElite liver problems similar to those reported by a large number of people nationwide around the same time.

Did You Know?

AT&T Data Breach Impacts Millions of Customers

More than 73 million customers of AT&T may have had their names, addresses, phone numbers, Social Security numbers and other information released on the dark web due to a massive AT&T data breach. Lawsuits are being pursued to obtain financial compensation.

Learn More

USPLabs issued a nationwide OxyElite Pro recall on November 10, after at least 60 cases of hepatitis, liver failure and other liver injuries were identified by state and federal agencies. Most of the cases surfaced in Hawaii, but reports of OxyElite Pro injuries have also surfaced throughout the contiguous United States.

Although the manufacturer originally resisted removing OxyElite Pro from store shelves, the FDA was able to force the recall after determining that the muscle building and weight loss supplement contained aegeline, an extract from a tree native to India and southeast Asia that the agency determined has not been sufficiently tested.

Waikiki’s lawsuit alleges that USPLabs failed to adequately test OxyElite Pro Super Thermo before putting it on the market, indicating that the manufacturer “simply threw a bunch of synthetic ingredients into a bottle and marketed the product as safe and effective.” The complaint indicates that the company did not conduct “even sham clinical research” and tried to mislead consumers into believing that the products were safe by using phrases like “Scientifically Reviewed” and “Pharmacist Formulated.”

Both USPLabs and GNC Corporation are named as defendants in the complaint, which presents claims for negligence, manufacturing and design defects, failure to warn, and breach of implied warranty.

Just days before this claim was filed, a Hawaiian woman sued USPLabs, claiming OxyElite Pro caused her to suffer hepatitis.

USPLabs also faces an OxyElite class action lawsuit over a previous formulation of the supplement that contained DMAA, which is not in the more recent formulations linked to cases of liver damage. The substance, which some say is linked to heart problems, was removed from the products in April 2012 and has been banned in some countries and by Major League Baseball.

Image Credit: |

0 Comments

Share Your Comments

I authorize the above comments be posted on this page*

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

Leadership Development Committee for Suboxone Dental Injury Lawyers Established in Federal MDL
Leadership Development Committee for Suboxone Dental Injury Lawyers Established in Federal MDL (Posted 2 days ago)

The U.S. District Judge presiding over all Suboxone lawsuits has created a mentorship program to use the litigation to provide some attorneys an opportunity to gain experience in handling complex federal multidistrict litigations.

Gilead Settlement Resolves 2,625 HIV Drug Lawsuits Pending in Federal Courts for $40M
Gilead Settlement Resolves 2,625 HIV Drug Lawsuits Pending in Federal Courts for $40M (Posted 4 days ago)

Gilead says it will pay $40 million to resolve HIV drug lawsuits over Truvada, Atripla, Viread, Stribild and Complera pending in the federal court system, involving claims that the the company sat on safer formulations of the drugs for years to increase profits.