Nonviral Hepatitis Patient Sues USP Labs and GNC Holdings

After at least two dozen users of OxyElite Pro tested positive for nonviral hepatitis, one woman has taken legal action. Although, FDA regulators have found no official link between the incidents of acute nonviral hepatitis and the use of OxyElite Pro, questions are still being asked about the instances of hepatitis and liver damage that have arisen in some users.

The plaintiff, who is suing both USP Labs and GNC Holdings in federal court, has alleged that a number of formulations of the OxyElite Pro product have been recalled because they cause ” serious liver damage and / or acute liver failure.” The plaintiff’s statements have not been confirmed by the Food and Drug Administration (FDA), which is still investigating the matter and the potential link between OxyElite Pro and the outbreak of hepatitis.

On November 9th of this year, the FDA publicly announced that USP Labs was issuing a national recall of OxyElite Pro due to the potential risk of serious liver damage. According to the plaintiff, “To date, clinicians have reported at least 45 patients to the Hawaii DOH [Department of Health] in response to a public health alert. Of those, 24 patients, including the original seven, have been confirmed to have acute hepatitis after using OxyElite Pro during the 60 days before illness onset.”

The plaintiff, who contends that she was hospitalized for common symptoms of hepatitis such as nausea and malaise, is seeking damages for:

  • Breach of warranty
  • Product liability
  • Negligence
  • Lost wages
  • Pain and suffering

Part of the plaintiff’s claim refers to a notification made to USP Labs from the FDA, which according to the plaintiff, states that “OxyElite Pro products which contained aegeline may be deemed adulterated because they contain a new dietary ingredient for which there was inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury.” The FDA itself has come out saying that aegeline cannot be found among those ingredients that have already been tested for safety by the agency. To date, recalled products of USP Labs include:

  • OxyElite Pro Super Thermo Capsules
  • OxyElite Pro Ultra-Intense Thermo Capsules
  • OxyElite Pro Super Thermo Powder

If you experienced adverse effects while taking an OxyElite Pro product, you should contact The Senators Firm at (949) 557-5800.We are currently looking into cases related to OxyElite Pro use, and we would be happy to do the same for you. Contact us today for more information.