In April, the U.S. Judicial Panel on Multi-District Litigation (JPML) denied USPLabs’ original motion to centralize five lawsuits involving six plaintiffs.
The new motion (PDF) was filed on September 11, shortly after USPLabs was hit with an additional 12 lawsuits on behalf of 40 plaintiffs in four different district courts. In the last month, 32 new plaintiffs joined the litigation with injuries from OxyElite Pro. The company is now facing 17 lawsuits involving 46 plaintiffs, including 44 plaintiffs with liver injuries and 2 plaintiffs who had cardiac arrests.
To complicate matters even further, USPLabs is also facing three class action lawsuits. The company settled a consumer class action involving false-advertising claims in 2012. USPLabs has dropped their request to bundle the class actions with the personal injury lawsuits in a new MDL.
The original motion was denied after the JPML decided that two different formulations of OxyElite Pro and Jack3D do not share significantly overlapping discovery. However, USPLabs argues that some plaintiffs were injured by multiple products. In addition, all of the new plaintiffs were injured by OxyElite Pro.
USPLabs has requested either the U.S. District Court for the Southern District of California (San Diego) or the U.S. District Court for the Northern District of Texas (Dallas). California is appropriate because it is centrally located, with many cases filed in Hawaii, Florida, and Pennsylvania. Texas would also be convenient because USPLabs is headquartered in Dallas.
Lawyers argue that an MDL is appropriate because it will reduce the burden on individual parties, lawyers, judges, and the legal system. It will also help lawyers coordinate discovery and avoid multiple depositions of the same witnesses. It also eliminates the possibility of conflicting rulings in various lower courts. The “bellwether” trial process can also help expedite a settlement or other resolution for people who were injured.
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 heart problems, 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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