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A group of CoolSculpting customers who say they were deformed by the weight loss technology and now need expensive surgery to fix it have filed a nationwide class action against the product’s company.
Plaintiffs Phornphan Chubchai, Javier Valencia and Paula Brooks filed the class action lawsuit against AbbVie, Inc. Friday in a California federal court, alleging the company’s CoolSculpting System has the ability to cause permanent deformities to a person’s body.
The group claims AbbVie advertises CoolSculpting as a nonsurgical procedure intended to reduce stubborn fat bulges “in the areas that bother you most.”
However, they say the company has known since at least 2011 that the device can cause consumers to develop a condition called Paradoxical Adipose Hyperplasia (PAH), which results in the opposite effect of the medical device’s advertised purpose.
“The CoolSculpting device can permanently damage the tissue in the area it targets to reduce, creating a deformity on the patient’s body much larger in size than the original ‘stubborn fat bulge,’” the class action lawsuit states.
The condition does not resolve on its own, according to the claim, and unlike regular fat tissue, tissue affected by PAH does not respond to weight loss. “Thus, the only method of removing PH is through invasive surgery. The condition is solely attributed to the CoolSculpting device.”
This has meant many consumers who undergo the CoolSculpting procedure and then go to their physicians to ask about growing bulges on their bodies have not been properly diagnosed, as the issue is so niche, the class action says. An average session of CoolSculpting costs $2,000 – $4,000.
“Defendant’s conduct was systemic across the nation and resulted in thousands of consumers being affected in the same manner.”
Consumer Valencia says he got the treatment to reduce fat on his upper flanks. Several months after the CoolSculpting procedure, he says he began noticing the treatment area growing in size, even though he kept losing weight.
Neither his doctor nor his plastic surgeon knew what was happening at the time, and he is now facing medical expenses, past and future pain and suffering, mental anguish, emotional distress, scarring, and bodily disfigurement, the class action says.
Brooks had a similar experience, when she began noticing that her abdomen started growing in size and developing a large mass several months after her treatment. She says she was diagnosed with PAH at the location of each of the CoolSculpting cycles and has been told she will now need abdominoplasty and liposuction.
Chubchai says, a couple of months after the treatment she began noticing the fat tissue in her abdomen and flanks growing and getting larger. She complained to her CoolSculpting provider, but the supervising physician did not know about PAH or how to diagnose it as AbbVie hadn’t passed on the vital information to CoolSculpting providers.
Plantiff says, after her CoolSculpting treatment, the treated areas of her body continued to grow. Her inner thighs got so big that when she walks, they rub together and develop sores that turn into painful open wounds, she alleges.
“She can no longer wear dresses and must only wear thick jeans, which develop holes and must be thrown out. Her flanks and abdomen have also got substantially larger, despite her weight loss,” the class action says.
The group is looking to represent anyone who purchased a cycle of the CoolSculpting procedure in the United States, plus a subclass of people who underwent the CoolSculpting procedure and suffered tissue damage in the form of PAH.
They are suing under strict product liability, for defective design and failure to warn, plus for negligence, medical monitoring, negligent and fraudulent misrepresentation and concealment, and under California, New York and Massachusetts consumer protection laws.
The consumers are seeking certification of the Class, damages, restitution, a jury trial and an order forcing the company to establish a medical monitoring program for people that underwent the CoolSculpting procedure. They are also seeking an order forcing AbbVie to label the device with a warning about PAH.
Meanwhile, in 2017, the maker of the CoolSculpting fat reduction system was accused of misrepresenting the device as having earned FDA approval, according to another class action lawsuit.
What do you think of the allegations in this complaint? Let us know in the comments!
The plaintiffs are represented by Louiza Tarassova, of Lou Law and Alex R. Straus of Milberg Coleman Bryson Phillips Grossman PLLC.
The CoolSculpting PAH Tissue Damage Class Action Lawsuit is Chubchai et al., v. AbbVie, Inc, Case No. 4:21-cv-04099, in the U.S. District Court Northern District Of California San Francisco Division.
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153 thoughts onCoolSculpting Weight Loss Procedure Customers File Class Action Lawsuit Alleging Bodily Deformation
All Cryolipolysis (fat freezing) devices/procedures should be banned. Not only did I end up with PAH, but after one procedure, I ended up with sagging skin, fat necrosis, change of colour in my skin, dents where the paddles were attached and circulation issues. I require surgery to address all of the above. It ruined my body and appearance. Stay well away from this vile procedure. The real side effects are concealed.
I had coolsculpting done on my back for the little troubled areas I want to have removed. Now it is worst than it was initially. The fat grew even more and expanded to other areas near the back. I am not happy with my body now. I have to spend more money to repair the problem. I wish I had never done it. Intimacy has bee affected because of what coolsculpting has done to my body.
I had several sessions of coolsculpting done over several months from June 2021 to Jan 2022, costing thousands of dollars. Initially, I did see some reduction in my abdominal fat. However, after one of the later sessions, it seemed the fat was repositioning itself and accumulating in one area. When I went in for my next round of treatments, during the assessment, the Office Mgr asked me what was going on in that area? Of course, I had no idea but I’m sure she suspected that it was PAH but never said a word. After that treatment, which didn’t touch the most problematic area, I began to suspect something was wrong and started doing some research online. I then consulted with a couple of doctors who confirmed my suspicion about PAH. They encouraged me to contact AbbVie which I did to file a claim. After several months of going back and forth with the place that the coolsculpting and my new doctor’s office, I was told my claim was being put on Hold because the place where I had the coolsculpting done was being unresponsive.
I had coolsculpting, I developed PAH. I had liposuction and it still didn’t get rid of the PAH. Now I have to have another surgery. I feel like my body is never going to look normal.
I need to figure out how to be apart of this lawsuit. I worked for ideal image for 6 years and sold it, our company sold millions of treatments. As an employee I had PAH. they paid for my liposuction but my body still isn’t right. I also have my inner thighs that 100% have PAH but they claim it couldn’t happen there. 36lbs I’ve lost, thinner than when I had cool sculpting and that bulge is still there
I had cool sculpting on my abdominal about 5 years ago. My stomach has gotten so much bigger since I had this done. It looks terrible. I wish I never had this done. I’m certain the lady was not trained properly. It was the most pain I have ever felt.
I just had this done paying for 6 sessions was told it would be a round $75 a month payment but wasn’t approved for that amount but was approved for a payment of $193 a month and have not seen any changes and still have the stubborn fat I went in with. And they are wanting me to pay more for what? It didn’t work in the first place I told the pushy sales person that I was trying to sell my house and better my credit and now have to worry about my credit going in the toilet and pay $5k after interest for 6 procedures that did nothing for me and I’m pissed these people are ripping people off of their hard earned money and this should be stopped and banned.. please add me to this law suit I will be seeing if I can file a case if I’m not added.
How can I get in on the Law Suit?
It’s been six years and I am still suffering of the procedure. This includes low self esteem.
How do we get in on this?
I had cool sculpturing several years ago. Following that months later I notice a bludgeoned in my mid drift. Not knowing about pAHI went to my primary doctor. He was concerned about the “growth”and sent me for a ultrasound. Th radiologist last it appeared to be fat cells. Nothing resulted from this. Recently I read an article about a class action suit against Cool Sculpturing for thes disfiguring results. I assume I need Lopo to remove this and do not want to personally have to pay fir. Can I get in this law suit?
Are you able to work with my firm and the client I have?!
I had coolsculpting done on lower tummy inner thighs and upper arms, a few months later, after “swelling” went down, I noticed the area got slightly bigger, not smaller, specifically
in the space where the paddle was. Now 2 years later, the skin is very stretched out and soft and the cellulite is extreme in those spots only.