Can I Sue a Clinic for Ineffective CoolSculpting?
One of the most popular treatments for fat removal is something called CoolSculpting. This is a relatively new procedure that people have started doing more and more. Basically, the procedure is designed to diminish the visibility of fat on people who need to lose a few pounds. It is also not designed for people who are obese.
As with all other procedures, there is always a chance that it won’t work. The results may be less obvious than a patient thought. Or, the results could be disastrous. Some people say they looked worse after the procedure than they did before.
Over the last few years, the courts have seen many lawsuits filed against CoolSculpting providers. There was even a class action filed against the company. Some were on behalf of people who just weren’t happy with the results. Others were filed by people who suffered some serious side effects of the procedure.
Charlotte Personal Injury Lawyers Question the Company’s FDA Approval
One of the biggest claims filed against CoolSculpting has to do with the company’s false statements regarding FDA approval. Zeltiq, the company who owns the procedure and handles its marketing, advertised that the procedure had earned FDA approval. This was not true.
There are two different types of FDA endorsement. One is premarket notification clearance. This is designed for products and services that are substantially similar to other products on the market. Since the similar product has received FDA approval, it makes sense that the new product would be safe too.
The other kind of FDA approval has to do with products that are actually tested by the FDA. In order to be considered approved by the FDA, you have to go through rigorous testing.
Zeltiq only earned premarket notification clearance. They did not earn the full-blown FDA approval. This was misrepresentation according to some plaintiffs.
Will North Carolina Personal Injury Lawyers File Suit Against CoolSculpting?
Whether or not the company actually earned FDA approval for their procedure may be in question. There is a class action lawsuit pending on that exact issue. However, even if the company did misrepresent their FDA standing, this doesn’t mean that the procedure actually harmed people.
In order to file a lawsuit, you have to suffer an injury. If you aren’t hurt, you have no reason to file a lawsuit. No lawyer worth his salt is going to take a worthless case. If you didn’t suffer any injuries, you aren’t going to win your case.
When you meet with your lawyer, he’s going to ask you if you were hurt. If you did actually suffer injuries, you have a solid case against the clinic and Zeltiq. You may even have a claim to be reimbursed any money you spent on the procedures.
You just have to keep in mind that the procedure isn’t that expensive. Also, you can usually complete the process for just under $5,000. So. Although your case would be too big for small claims court, it really isn’t that large.
Your lawyer will likely try to resolve your dispute using a demand letter rather than an actual lawsuit. This is something the two of you can discuss during your initial consultation.
Contact a Personal Injury Lawyer in North Carolina
If you’ve visited a CoolSculpting clinic and are unhappy with the results, contact a personal injury lawyer in North Carolina. Your lawyer can review your case and see what kind of damages you may have suffered. If your case has value, your lawyer will agree to handle it for you.
The kinds of damages you can claim in a case like this include:
- Refund of any money spent on the CoolSculpting procedure
- Compensation for any injuries you suffered as a result of the procedure
- Possible pain and suffering depending on your case
- Lost wages if you missed time from work
- Any medical bills you had to pay due to the procedure’s side effects
Your lawyer will first file a claim against the clinic. If they agree to pay your damages, great – your case will be resolved. If they don’t, you’ll have to file a lawsuit. Your suit should name the manufacturer, the clinic and any providers who administered the procedure.
Call and schedule your initial consultation today. It is absolutely free and it gives you a chance to have your case reviewed by an experienced personal injury attorney in Charlotte. And remember – you pay nothing until you settle your case.