Lawsuit alleges weight loss product caused liver damage

Michelle Massey Apr. 19, 2010, 9:39am

A 32-year-old man claims he had to be hospitalized after using a dietary supplement.

In a suit filed April 16 in U.S. District Court for the Eastern District of Louisiana, Jonathan Boose claims he took the supplement known as MuscleTech Hydroxycut Hardcore Liquid Capsules for two months before he was admitted to the hospital for drug induced liver disease, jaundice and markedly abnormal liver functions

Calling the dietary supplement unreasonably dangerous, Boose is seeking compensatory and punitive damages from Iovate Health Sciences Inc. and Iovate Health Sciences USA Inc.

Hydroxycut is marketed as a fat burner, energy enhancer and diuretic for use in weight loss programs. In May 2009, the U.S. Food and Drug Administration warned consumers of the dangers associated with the drug, including serious health problems ranging from jaundice to liver damage requiring liver transplant, the suit claims.

Boose claims that the defendants failed to warn of the product's hazards and those hazards far outweighed the utility of the product.

Causes of action filed against the defendants include violations of the Louisiana Products Liability Act, negligence, fraud, misrepresentation and breach of warranty.

Boose claims the defendants acted with malice or a wanton disregard for the safety of others by intentionally failing to disclose the product's risks.

He claims he has suffered physical pain, mental anguish, medical expenses, loss of enjoyment of life, disability, mental and emotional pain and fear. He is also seeking interest and court costs.

New Orleans attorney Allan Berger and Andrew J. Geiger of Allan Berger & Associates P.L.C. are representing Boose.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No 2:10cv01131

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