You can hardly turn on the television without seeing advertisements for various weight loss drugs. According to the CDC, “The US obesity prevalence was 42.4 percent in 2017 – 2018. From 1999 –2000 through 2017 –2018, US obesity prevalence increased from 30.5 percent to 42.4 percent. During the same time, the prevalence of severe obesity increased from 4.7 percent to 9.2 percent.”
Because excess weight and obesity lead to heart disease, diabetes and other serious ailments, people are encouraged to lose weight and keep it off. They may also be motivated by societal perceptions of attractiveness. Unfortunately, losing weight is hard. Weight loss drugs promise an easier answer—but they’re not always safe. Can you file a claim if a weight loss drug causes you harm?
What kind of harm was suffered?
To successfully prevail on a personal injury case, plaintiffs must prove actual harm was suffered.
If a plaintiff argues they were harmed because the diet pills didn’t deliver on their weight loss promises, they’re unlikely to succeed. Most manufacturers carefully word their claims to include variables like a healthy diet and exercise. Furthermore, failing to lose weight is generally not an actionable claim.
However, some diet pills cause serious health problems. The famous Fen-Phen recall is just one example. “In September 1997, American Home Products withdrew two diet pills, fenfluramine and dexfenfluramine, which were marketed as Pondimin and Redux, at the request of the Food and Drug Administration. Two months later, Federal health officials advised the estimated 1.2 million to 4.7 million people in the United States who had used the drugs to seek medical checkups after studies had linked the pills to heart valve damage,” reports the New York Times.
In that case, plaintiffs who suffered heart valve damage as a result of taking the weight loss drugs do have an actionable claim. They suffered actual physical harm—not just disappointment that the diet pill failed to work as promised.
Plaintiffs may be able to sue manufacturers, particularly if they failed to test the drugs, disclose the side effects or exaggerated the effectiveness so as to outweigh any potential risk.
If you’ve suffered health problems as a result of taking weight loss drugs, the Law Offices of Tim Misny can help. Working with our personal injury lawyers is the first step to recovering compensation for your medical bills, lost income, pain and suffering and more.
Harmed by a weight loss drug? Call an Ohio personal injury lawyer now
Have you been harmed by a weight loss drug? I’ll Make Them Pay!® The Law Offices of Tim Misny can help determine whether you have an actionable claim. Call me today at (877) 944-4373 for a consultation.