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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
I just did it last week and right after my belly was swallow very painful uncomfortable and red , right now all I have if lumps 1 big and 2 smalls doctor said it will go away and few weeks or 2 months.. I’m scare about PAH how to know if what he’s telling me is the thru . Don’t know what to do or where to contact in case this doesn’t go away … or if my stomach got big later… I live in NY
I am literally in tears as I am typing this. I didn’t know what was going on with me until now. Now I realize I have this deformity, weight gain and lumps due to having cool sculpting in 2017/2018. Cool sculpting has changed my life for the worse. This should definitely be taken off the market. Please include me in this suit. I want to add my phone number here so that everyone can contact me and we stay together and grow because there is so many more people that are going through this and if they recently had the procedure they will get it also. 2148157861
I have not heard from anyone thus far. We need to leave our contact information so that we can all speak and stick together regarding this issue! Thank you all and I am sorry we all had to experience this horrible treatment with no knowledge.
I have not heard from anyone thus far. We need to leave our contact information so that we can all speak and stick together regarding this issue! Thank you all and I am sorry we all had to experience this horrible treatment with no knowledge.
I had it in my chin. Now I have that are affecting my neck and Thyroid.
Some weeks after the treatment I noticed two small soft lumps in my neck. I went back to the place I had the treatment and they just denied they would have anything to do with it. The lumps became bigger and hard. A doctor said if they grow large they have to be removed with surgery to avoid them becoming cancerous, and part of the thyroid gland would most probably have to be removed with it, as the fat attaches to it.
They need all to become accountable for the damage they are causing with this treatment, and any lawsuit should include should also include the places that advertise that treatment without disclosing all the possible damage in their presentations!
I had abdominal coolsculpt about 5 years ago and left my stomach with areas of flabby skin and areas of hard lumps. you can see the lumps when I stand up straight. I am actually frightened to get it looked at because trust in the process is now broken. The percentage was said to be minimal and had a low outcome, except years later the percentage of having these issues is actually exponential.
please add me
I agree, over time it gets worse. Cool sculpting should be banned, it changes your life in horrible ways. It affects other areas of your body as well. I will be speaking with an attorney tomorrow(Monday 7/26/21
Please add me
I had the procedure in 2017 and we need this because sooner or later(3-4 years) it will affect your entire body. The fat travels and hardens throughout your body. Cool Sculpting should be banned!!!
Can you provide more info or links on this?
I had coolsculpting done 5+ years ago. The area that is just below my breasts is huge, and hard. I spent a few thousand getting this done. No matter what I do I can’t get rid of it. Please contact me regarding joining this lawsuit
I had coolsculpting done 5+ years ago. The area that is just below my breasts is huge. No matter what I do I can’t get rid of it. Please contact me regarding joining this lawsuit
Add me!!!
I was lied to and after spending over 24 k I suffered perm damaging to my throat area and other areas treated in record number of many yrs they did cool sculpting and pushed expensive mandatory lotions. I did not lose an inch anywhere. I lost my mind after I realized that they said results could take months to take affect. I became so upset that I was tricked into risking and felt so depressed I lost more money than I ever had and wasted it so I called them to tell them and I threatened to kill myself and I think they should stop taking advantage of people who are innocent and are trying to get healthier. They had me sign alot of disclaimers that only protected them from their lies. I want to join another class action suit. I was in one that never got very far so I’m not sure if I can get all the documents needed to enter a suit. Any advise would be encouraging since I gave up hope and I continue to see the to TV commercials which are totally fraudulent and should be outlawed.
This happened to me but I live in TX. Would I be qualified to be added to this suit?