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Home » Blogs » Medical Malpractice » CoolSculpting Injuries: How They Happen and What to Do

CoolSculpting Injuries: How They Happen and What to Do

CoolSculpting Injuries: How They Happen and What to Do

Even though non-surgical weight loss strategies are at an all-time high in popularity, they can be dangerous. One popular method of fat removal is done using the principle of cryolipolysis with a CoolSculpting device. 

Cryolipolysis is a non-invasive fat reduction procedure that freezes fat cells in targeted areas of the body. The CoolSculpting device freezes fat cells, causing them to shrink and be eliminated without causing harm to the surrounding tissues. The device uses suction to precisely target the areas it will affect. Typically, the patient is seen over a few separate sessions while the device is applied.

Complications of CoolSculpting Fat Burning

Several complications have arisen from using CoolSculpting for fat removal. The mild side effects reported by patients include redness, soreness, tenderness, bruising, aching, and other discomfort at the treatment site. 

One of the more serious side effects of the CoolSculpting fat removal process occurs when the treatment has the opposite effect on the patient’s body. The fat at the treatment site can, on occasion, harden and increase in volume. Known as paradoxical adipose hyperplasia (PAH), this side effect requires corrective medical treatment. 

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What You Should Do If You Are Injured

It can take a little bit of time for adverse side effects to appear after being treated with the CoolSculpting device. Generally speaking, you will begin to show symptoms 2–3 months after your treatment. If you are experiencing mild to severe health issues after your treatments, make sure you see a doctor right away. 

Once you have seen a doctor about your health concerns, confirm that the CoolSculpting device or the cryolipolysis process caused your symptoms. After that, consider speaking with legal representation. A personal injury lawyer can help determine if you qualify for a case against the manufacturer, Allergan Aesthetics. They can also fight on your behalf for fair compensation in negotiations or in court. 

Who Is Legally Responsible for Your Injury?

Allergan Aesthetics, a subsidiary of the pharmaceutical company Allergan, is the manufacturer of the CoolSculpting device. Lawsuits resulting from CoolSculpting have been brought against Allergan as the manufacturer.

When Allergan ran trials on their CoolSculpting device, they reported that 1 in 4,000 patients suffered from PAH. As soon as an independent study was performed, however, the numbers were closer to 1 in 666. 

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Lawsuits Against Allergan Aesthetics

There have not been many lawsuits recorded that have been brought against Allergan Aesthetics for CoolSculpting. However, in 2021, a former supermodel, Linda Evangelista, filed a suit against the pharmaceutical company for giving her PAH with CoolSculpting. 

The lawsuit alleges that PAH ruined Evangelista’s livelihood and caused her pain and suffering, and eventually, it was settled for $50 million.

What Kind of Lawsuit Can You File Against Allergan Aesthetics?

There are a few common types of lawsuits that can be filed against a manufacturer, including

  • Negligence
      • This occurs when the healthcare provider or facility does not meet a patient’s standard of care and the patient suffers injury
  • Product Liability
      • If there are defects present in a medical device and the patient comes to harm, the manufacturer can be sued under liability laws 
  • Failure to Warn
    • If a medical company, manufacturer, or healthcare professional does not take adequate steps to warn potential patients of the risks of a product or procedure, they can be held legally liable. This includes misleading potential patients and healthcare providers with a warning that is not supported by evidence during the product’s trial period.

In Evangelista’s 2021 lawsuit, her attorneys discovered that Allergan knew about the risks of their product. They had warned their investors significantly before they warned their patients of the risks. They did not even warn their patients about the risk of PAH until after Evangelista had her corrective treatments in 2016.

As a result of their failure to warn patients about the adverse side effects of CoolSculpting, Allergan Aesthetics is legally liable for patient injury. Because there is proof that they warned investors about the dangers before warning patients, it is evident that they failed to adequately warn their patients of the risks associated with CoolSculpting.  

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Eligibility Requirements

While there is no official PAH class action lawsuit on the books, there are certain criteria that will help a lawyer review your eligibility for the case. This includes any patients who can confirm they were undergoing CoolSculpting treatments and have developed bumps, bulges, or growths in the treated areas. Additionally, if you have been diagnosed with PAH, or Paradoxical hyperplasia, in any treated area after 2–3 months, you may be eligible for compensation.

Let the Attorneys at Van Law Firm Fight for You!

If you or someone you know has suffered after receiving CoolSculpting treatments, call the Van Law Firm to see if you qualify for a lawsuit. Our expert legal team is standing by to book you an appointment. All of our consultations are free. Let our experienced attorneys earn you the best settlement and the justice you deserve. Call today! 

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