Hawaii resident Everine Van Houten has filed a personal injury lawsuit against USPlabs, LLC, the company that makes OxyElite Pro® protein supplements, and GNC Holdings, Inc., the product seller, alleging that she developed acute non-viral hepatitis after using the supplement, which has since been recalled. Van Houten v. USPlabs, LLC, No. 13-635 (U.S. Dist. Ct., D. Haw., filed November 19, 2013). Van Houten alleges that she consumed the muscle-building, weight-loss supplement in February and March 2013, and experienced symptoms diagnosed as hepatitis in August. The product was recalled in November.
According to the complaint, "the recalled products contain Aegeline, a synthesized version of a natural extract from the Bael tree. Aegeline is not approved by the FDA [Food and Drug Administration] as a dietary supplement. The Defendant USP’s recall was initiated after it was notified by the FDA that its OxyElite products had been linked to cases of liver injury in Hawaii and that there was a reasonable probability that the products were adulterated."
Alleging strict liability, negligence and breach of warranties, the plaintiff seeks damages for "wage loss; medical and medical-related expenses; travel and travel-related expenses; emotional distress; physical pain; physical injury; and all other ordinary, incidental and consequential damages." She claims that she was unable to work through most of 2013 and "continues to undergo testing and medical monitoring of her liver and continues to experience symptoms related to her liver injuries."