11th Cir. Upholds Ruling for Zeltiq in CoolSculpting Injury Case
July 24, 2023
ATLANTA — An 11th Circuit U.S. Court of Appeals panel has upheld an award of summary judgment to Zeltiq Aesthetics Inc. in a lawsuit accusing it of failing to warn that its CoolSculpting device can cause paradoxical adipose hyperplasia (PAH), affirming that warnings were adequate as a matter of law.
In a July 21 published opinion, the panel further found the plaintiff’s design defect claim fails under both the consumer expectations and risk utility tests because he “produced no evidence that an objectively reasonable medical provider would believe that PAH is not a potential side effect of CoolSculpting.”