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OxyElite Pro Lawsuits Won’t Be Centralized in MDL

OxyElite Pro Lawsuits Won’t Be Centralized in MDL

December 15, 2014 — For the second time this year, the U.S. Judicial Panel on Multi-district Litigation (JPML) has denied a request to centralize lawsuits involving OxyElite Pro under one judge in one federal court.

Law360 reports that 16 lawsuits and two related actions are pending against USPlabs, LLC, the manufacturer of OxyElite Pro, and GNC Holdings, Inc., a nationwide retailer of dietary supplements.

The lawsuits are spread throughout the country in five different district courts in Hawaii, Texas, California, Pennsylvania, and Florida. They have asked the JPML to centralize the litigation in Texas or California.

Most of the cases are pending in Hawaii, where an outbreak of liver damage linked to OxyElite Pro injured dozens of people and caused one woman’s death.

The outbreak was traced to aegeline, an unapproved ingredient that USPlabs added to OxyElite Pro in 2013. The ingredient was added after the FDA banned DMAA (1,3-dimethylamylamine), a stimulant that was linked to cardiovascular side effects.

The last time the JPML denied a request to centralize the litigation was in April 2014. The judges were concerned that centralization was not appropriate because the lawsuits involved different formulations and side effects of OxyElite Pro.

Since then, 11 new lawsuits have been filed in Hawaii. However, the litigation has not grown rapidly and no one expects many more lawsuits will be filed. All of the lawsuits in Hawaii are already centralized under one judge, and lawyers in two law firms are already informally coordinating.

Do I have an OxyElite Pro Lawsuit?

The Schmidt Firm, PLLC is currently accepting OxyElite Pro induced injury cases in all 50 states. If you or somebody you know has been diagnosed with liver damage or failure, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Dietary Supplement Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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