Several lawsuits have been filed against Iovate Health Sciences, Inc., the manufacturer of Hydroxycut supplements that were recalled in May 2009 after the U.S. Food & Drug Administration (FDA) revealed that it had received reports of liver failure and hepatotoxicity. However, a recently filed lawsuit claims that Wal-Mart is also responsible for Hydroxycut injuries.

Product liability lawsuits: Who's responsible?

When you've been injured by a dangerous or defective product, who's responsible for your injuries – the manufacturer, the distributor, the FDA, someone else or no one at all? That's the question that must be answered in every product liability case – and it's no different with the recent Hydroxycut litigation. Although several lawsuits have been filed against Iovate Health Sciences, Inc., the manufacturer of Hydroxycut, a recently filed lawsuit also names Wal-Mart as a defendant.

This Wisconsin product liability lawsuit claims that Wal-Mart, as a major seller of Hydroxycut products, should be responsible for the products it sells. The case concerns a 28 year old Wisconsin man who suffered acute hepatitis with necrosis of the liver after taking Hydroxycut for only three weeks. Although he eventually recovered, the ordeal cost him a great deal of money in medical bills and lost wages – which he says Iovate and Wal-Mart should pay.

What about the FDA?

The FDA does not regulate dietary supplements, so Iovate's products never had to be approved by the Administration before being sold. The FDA's involvement in the matter stems from its MedWatch program in which any injuries can be reported directly to the Administration. It was only after the FDA revealed that it had received reports of liver damage that Iovate agreed to recall a portion of its product line.

How an attorney can help

An experienced products liability attorney will be able to look at the facts and circumstances of your situation and determine who might be responsible for your injuries. Chances are that he or she will come up a list of potential defendants that you may never have imagined – all of whom may have legitimately had a hand in causing your injuries. If you have been injured, don't wait too long before contacting an attorney – even if its just for a free consultation – as every state has a definitive statute of limitations, or time frame, for filing a lawsuit.