The average Hydroxycut settlement is unclear, as the settlements vary greatly for these cases. However, you may be able to recover total compensation in a class action lawsuit against Hydroxycut’s makers to cover medical bills and other financial and personal losses resulting from the use of this supplement.
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If you would like to find out whether you can recover compensation for damages resulting from Hydroxycut use, call the Chicago mass tort attorneys at Ankin Law at 312-600-0000 for a free consultation.
What Are the Hydroxycut Lawsuits?
Hydroxycut comprises a group of dietary supplements that people can purchase without a prescription for weight loss and muscle gain. Robusta coffee extract (C. canephora robusta) is the primary ingredient in the majority of these supplements.
In 2009, Hydroxycut’s manufacturer, Iovate Health Sciences International, recalled this dietary supplement following reports from the Food and Drug Administration (FDA) regarding health issues resulting from its use. Specifically, certain studies have found that Hydroxycut products using the previous formula could cause liver damage and, in some cases, death resulting from liver failure. As a result, the FDA issued a warning to consumers about the possible dangers of using Hydroxycut.
According to the warning and reported issues, Hydroxycut was responsible for causing liver problems due to hepatotoxicity, a degenerative muscle condition known as rhabdomyolysis, and seizures. Since the recall, Iovate has stated that Hydroxycut products no longer contain the ingredients that caused these health issues.
Because plaintiffs argued that Iovate failed to address the use of harmful ingredients or properly warn consumers of health risks, victims have sought compensation through Hydroxycut product liability cases.
Products involved in the lawsuits include Hydroxycut 24, Hydroxycut Hardcore, and Hydroxycut Max.
Hydroxycut Settlements in Illinois
If one of the listed Hydroxycut products caused your liver damage or other related health issues and subsequent damage, you may be able to recover compensation from Iovate to cover these damages.
Conditions that could count toward a settlement include:
- Liver failure or damage
- Kidney failure
- Elevated liver enzymes
- Jaundice
- Rhabdomyolysis
- Death
While the deadline for the Hydroxycut class action lawsuit has passed, an attorney could help you review your options and the steps to take if you miss a class action lawsuit like the Hydroxycut case.
What Factors Impact Your Settlement?
Various elements factor into the average Hydroxycut settlement payouts and other types of product liability cases.
The Time of Consumption
One of the main aspects of these cases had to do with the date when people consumed Hydroxycut with the outdated formula. Generally, people who consumed one of the listed products between May 9, 2006, and May 1, 2009, would have qualified for the class action lawsuit.
Outside this window, you may not be able to recover compensation through a class action lawsuit against Iovate. However, an attorney might be able to help you determine whether you qualify for an individual personal injury case stemming from Hydroxycut use and health issues.
The Extent of Damages
Another factor is the severity of your condition and the damages sustained because of Hydroxycut use. Generally, plaintiffs would have been able to recover more compensation if they suffered liver failure or other severe health issues due to Hydroxycut consumption.
There are multiple types of damages that could have played into these cases, including:
- Economic Damages: There are multiple types of economic damages that count toward the average Hydroxycut settlement payout, including a wide range of financial costs like medical bills for immediate treatment and surgeries, lost income, and the costs of ongoing care.
- Non-economic Damages: Plaintiffs could also collect non-economic damages in these cases resulting from the personal losses associated with Hydroxycut use, such as pain and suffering, psychological distress, trauma, and loss of enjoyment of life.
- Punitive Damages: While the Hydroxycut lawsuits didn’t culminate in punitive damages, these damages could have played a role if the courts found Iovate liable for gross negligence or malicious intent behind the company’s actions. The potential involvement of punitive damages is why it’s important to know how negligence differs from an intentional tort in a personal injury lawsuit.
The Number of Plaintiffs
In a class action lawsuit like the Hydroxycut case, the amount of compensation that the courts award will also depend on how many people file lawsuits against the defendant. The more extensive the damages and the more plaintiffs involved, the higher the overall settlement amount is likely to be.
Each of these factors influenced the overall Hydroxycut settlement timeline.
How Personal Injury Settlements Pay Out
If you decide to file a personal injury claim or lawsuit related to Hydroxycut use or in any other case, it’s critical to know how insurers, courts, and attorneys pay out these settlements. The following is a brief breakdown of the payout process in these cases:
Liable Parties Pay the Settlement
Following negotiations with insurers or a court case involving a trial, the defending party, if deemed liable, would be responsible for paying out a settlement through an insurer or directly. The plaintiff or claimant’s attorney would then collect this settlement and place it into a trust account that keeps the funds secure.
The lawyer would then take an amount of the settlement to cover his or her fees and various costs associated with the case. The rest of the settlement would go toward covering the many damages involved in the case, including medical expenses, lost income, lost earning capacity, and various non-economic damages.
Covering Remaining Debts
Before the plaintiff recovers the settlement, his or her attorney would ensure the settlement goes toward covering all outstanding debts and liens. Debts incurred in these cases could include medical treatment and liens that prevent liable parties from seeking counterclaims or lawsuits against the plaintiff.
The Payout Option
Plaintiffs in personal injury cases may also be able to receive payments in either periodic payouts or lump sums. In most cases, individuals will receive lump sum payments, but cases involving long-term injuries and costs could result in gradual payment over time until the plaintiff has received the full settlement amount.
Benefits of Hiring Legal Representation
If you’re considering filing a personal injury case involving Hydroxycut or another source of personal injury, it’s often best to work with an experienced personal injury attorney or a mass torts lawyer. The right attorney can help you file a successful claim or lawsuit, assisting with your case in a number of ways, such as:
Calculating the Total Settlement Amount
One of the main ways a mass tort or personal injury lawyer can help you is by identifying all damages and counting them toward the total settlement amount. In the Hydroxycut cases and others, there are many damages that can result. Determining all of them and quantifying them can be challenging on your own, especially when factoring in non-economic damages that aren’t as tangible.
An attorney will review the details of your case and all financial and personal losses to calculate your settlement.
Collecting Sufficient Evidence
In the Hydroxycut case and others, it’s important to have enough evidence to build a strong case in your favor.
There are many pieces of evidence that may come into play in a personal injury case, including proof of purchase of Hydroxycut or other products, medical bills and receipts, proof of lost income, and more.
An attorney with experience handling these types of cases will be able to help you obtain and organize all evidence pertaining to your case to build a successful claim or lawsuit. Otherwise, you may struggle to prove the damages you sustained and connect them to the liable party.
Negotiating With Insurers
A Hydroxycut lawyer could also help you negotiate with the liable party’s insurer to recover total compensation based on the damages.
While insurers may appear to want to help you get the compensation you need in your case, the fact is that these companies generally seek to avoid making large payouts. Instead of working by your side as they may seemingly do, they’ll likely want to minimize the amount of compensation you can recover or deny your case entirely.
Lawyers will know how much your case is worth and work to make counteroffers until you reach the ideal outcome. In turn, you can get the compensation you need with the right approach.
Going to Court
If negotiations don’t close your case, an attorney could take your case to court to settle in a trial. A lawyer with trial experience would be able to represent you throughout your case and work to further secure a favorable outcome from a judge or jury.When you choose a lawyer for a class action lawsuit, you can determine what options are available in your case. Contact us at Ankin Law to schedule a free consultation today.
