Skechers Toning Shoes Settlement Master Appointed in MDL

The U.S. District Judge presiding over all Skechers toning shoes lawsuits pending in the federal court system has appointed a Special Settlement Master to work with the parties and attempt to negotiate a resolution for hundreds of claims that allege the company’s Shape-Up and Tone-Up shoes caused stress fractures and other injuries.

Skechers faces more than 500 product liability lawsuits brought on behalf of individuals who claim that the rocker-bottom design of the toning shoes caused or contributed to personal injuries, including fractures, ligament damage and head and back injuries.

In the federal court system, an MDL, or multidistrict litigation, has been established centralizing and consolidating the Skechers lawsuits before U.S. District Judge Thomas B. Russell in the Western District of Kentucky.

According to an Order (PDF) issued October 17, Judge Russell appointed Francis McGovern to arrange and help negotiate possible Skechers settlement agreements.

Skechers Toning Shoes Lawsuits

Skechers introduced their controversial toning shoes with a pronounced rocker bottom sole. The company promoted the shoes with slogans such as “shape up while you walk,” suggesting that wearing the shoes would promote weight loss, tone muscles, improve posture, tighten abdominals, firm the buttocks, thighs and calves; among other claims.  However, the benefits of the design were never tested and a number of users experienced very different effects from the Shape-Up and Tone-Up shoes.

According to allegations raised in the Skechers lawsuits, the manufacturer intentionally misled consumers to believe the shoes were beneficial to their health, claiming that they would improve cardiac function and provide orthopedic benefits, despite any medical proof verifying these claims.  In addition, claims indicate that the rocker bottom design actually caused or contributed to serious personal injuries for many consumers.

A settlement has already been reached between Skechers and plaintiffs who filed a class action lawsuit over Skechers toning shoe marketing claims. The company agreed to pay $40 million to customers who bought the Shape-Up, Tone-Up and Resistance Runner shoes, resolving class actions claims that alleged the company made unfounded statements that the shoes burned fat and built up muscle due to their design. Skechers did not admit wrongdoing in making that settlement agreement.