Two Hawaii deaths have been linked to the use of the dietary supplement OxyELITE Pro, according to the latest lawsuit filed against the manufacturer of the weight-loss supplement.
The daughter of Leatrice K.K. Sanchez filed a lawsuit Friday against Dallas-based USPlabs LLC in U.S. District Court in Honolulu.
Sanchez, 59, of Kapolei, died Oct. 11, 2013, at the Queen’s Medical Center.
Kellyann N. Magnani says in her lawsuit that when her mother started using OxyELITE Pro in July 2013, her liver enzyme levels were elevated rapidly. Sanchez subsequently developed liver dysfunctions including severe jaundice, acute hepatitis, acute liver failure and other related injuries to her brain and respiratory system, according to the lawsuit.
Sanchez died from "fulminant hepatic failure due to, or as a consequence of OxyELITE Pro dietary supplement," according to the autopsy performed at Queen’s, said David Ahuna, Magnani’s lawyer.
The lawsuit claims that USPlabs knew or should have known that OxyELITE Pro contained dangerous and untested ingredients and that the company failed to warn its customers. A representative for USPlabs could not be reached for comment.
Sanchez’s case marked the second in which a Hawaii resident’s death was linked to the use of OxyELITE Pro.
In the other case, 48-year-old Sonnette Marras of Makawao died Oct. 4, 2013, also at Queen’s. In August, Marras’s estate and four minor children filed a lawsuit against USPlabs, its affiliated companies, principals and licensed manufacturers and distributors of OxyELITE Pro.
In October 2013, as the number of cases of liver damage and acute hepatitis linked to the consumption of OxyELITE Pro began to climb in Hawaii, the state Health Department ordered Hawaii retailers to take OxyELITE Pro products off their shelves. The DOH said it was investigating more than 40 cases involving people who had developed symptoms of acute liver inflammation, also known as nonviral hepatitis, after consuming various versions of OxyELITE Pro. Two people had required liver transplants.
The following month, under threat from the U.S. Food and Drug Administration, USPlabs voluntarily recalled its OxyELITE Pro products.
The FDA said the Centers for Disease Control had identified 97 people nationwide who had developed acute nonviral hepatitis following and including the Hawaii outbreak. The CDC said 72 of those patients had reported exposure to an OxyELITE Pro-branded product, of whom 47 were hospitalized; three received a liver transplant.
State epidemiologist Dr. Sarah Park said the DOH found that "there is a strong, direct association" between OxyELITE Pro and the reported incidents of liver injuries. She said the state has closed its investigation and was not able to identify the specific substance or risk factor causing the health problems.