Evangelista v. Zeltiq Aesthetics, Inc.
Case Summary
On July 21, 2021, Linda Evangelista (“Ms. Evangelista” or “Plaintiff”), represented by Daniel F. Markham and Jennifer M. Muller of the Wrobel Markham LLP, filed a personal injury lawsuit against Zeltiq Aesthetics, Inc. (“Zeltiq” or “Defendant”), seeking compensatory and punitive damages for alleged fraud, deceit, and injury caused by the use of their product. This case was filed in the U.S. District Court for the Southern District of New York with Judges Valerie E. Caproni and Ona T. Wang presiding.
In the complaint, Plaintiff alleged that “Ms. Evangelista is an original ‘90s era Supermodel and is one of the most recognizable and photographed women in the world. Ms. Evangelista’s quality of life, her career, and her body, however, were all ruined in 2016 after she was permanently disfigured as a result of using ZELTIQ’S CoolSculpting System as well as the multiple procedures and surgeries required to try to correct those physical injuries as directed by ZELTIQ.”
Plaintiff further alleged that “ZELTIQ created, designed, developed, manufactured, distributed, marketed, promoted, and directly advertised its CoolSculpting System to consumers, including Ms. Evangelista, as a safe and effective, non-invasive alternative to liposuction surgery. ZELTIQ, however, failed to adequately warn and/or intentionally concealed the incidence and occurrence of known serious adverse effects, including, but not limited to, paradoxical adipose hyperplasia (“PAH”) to induce consumers, including Ms. Evangelista, to purchase treatments using the CoolSculpting System at a premium price and further its bottom line.”
Plaintiff also alleged that “this products liability action seeks recovery for Ms. Evangelista’s severe and permanent personal injuries and disfigurement, her pain and suffering, severe emotional distress and mental anguish, and the economic losses that she sustained as a result of being rendered unemployable and unable to earn an income as a model, all of which said damages were inflicted upon her by ZELTIQ’s CoolSculpting System and the multiple procedures and surgeries required to try to correct those physical injuries as directed by ZELTIQ.”
Plaintiff additionally alleged that “ZELTIQ however, fails to adequately warn consumers of and/or intentionally conceals the incidence and occurrence of PAH, a known serious adverse effect where the targeted fat cells increase in number and size (and actually grow larger) after CoolSculpting treatment and form hard, bulging masses under the skin. PAH is the very opposite of the fat loss results that ZELTIQ represents, promises, and warrants with its CoolSculpting System.”
Plaintiff also claimed that “had ZELTIQ properly disclosed and adequately warned consumers, including Ms. Evangelista, of the known health risks and serious adverse effects associated with use of the CoolSculpting System, including the incidence and occurrence of PAH following treatment, in its aggressive direct-to-consumer advertising campaign and its promotional and marketing materials, Ms. Evangelista would not have pursued, chosen, or undergone CoolSculpting treatment.”
Plaintiff presented ten claims for relief concerning strict product liability, negligence, breach of express warranty, breach of implied warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud, deceit, violation of New York Business law, and promissory estoppel.
In the prayer for relief, Plaintiff requested compensatory damages in the amount of $50,000,000 to Ms. Evangelista and punitive and/or exemplary damages for the alleged wanton, willful, fraudulent, reckless acts of Zeltiq.
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Case Details
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Case Number:
1:21-CV-07889
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Filing Date:
09/21/2021
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Case Status:
Disposed - Other Disposed
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Case Type:
Personal Injury - Medical/Pharmaceutical Product Liability
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Court:
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Courthouse:
Judge Details
Presiding Judge
Valerie E. Caproni
Referral Judge
Ona T. Wang
Party Details
Plaintiff
Linda Evangelista
Defendant
Zeltiq Aesthetics, Inc.
Attorney/Law Firm Details
Plaintiff Attorneys
Henry Jones
Attorney at Wrobel Markham LLP
1407 Broadway, Suite 4002
New York, NY 10018
Jennifer M. Muller
Attorney at Wrobel Markham LLP
1407 Broadway, Suite 4002
New York, NY 10018
Jodie Gerard
Attorney at Wrobel Markham LLP
1407 Broadway, Suite 4002
New York, NY 10018
Daniel Francis Markham
Attorney at Wrobel Markham LLP
360 Lexington Avenue, 15Th Floor
New York, NY 10017
Defendant Attorneys
Alyson B. Jones
Attorney at Butler Snow LLP
1020 Highland Parkway Suite 1400, Ridgeland
Ridgeland, MS 39157
Beth S. Rose
Attorney at Sills Cummis & Gross, P.C.(NY)
101 Park Ave, 28Th Floor
New York, NY 10178
Vincent Robert Lodato
Attorney at Sills, Cummis & Gross, LLP(N'wkNJ)
One Riverfront Plaza
Newark, NJ 07102-5400
Anita K. Modak-Truran
Attorney at Butler Snow
150 3Rd Avenue South, Ste 1600
Nashville, TN 37201
Erin Elizabeth Barrett
Attorney at Sills Cummis & Gross P.C.
One Riverfront Plaza
Newark, NJ 07102
Nils Burton Snell
Attorney at Butler Snow LLP
500 Office Center Drive, Suite 400
Fort Washington, PA 19034
Orlando R. Richmond, Sr
Attorney at Butler Snow LLP
1020 Highland Colony Parkway, Po Box 6010
Ridgeland, MS 39157
Court Documents
(#66) STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, pursuant to Rule 41(a)(l )(A)(ii) of the Federal Rules of Civil Procedure, that the above-captioned case be voluntarily dismissed with prejudice, with each party to bear its own costs and fees. IT IS HEREBY ORDERED that all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/20/2022) (tg) (Entered: 07/20/2022)
(#65) STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Zeltiq Aesthetics, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Linda Evangelista. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Gerard, Jodie) (Entered: 07/19/2022)
(#64) STIPULATED ORDER REGARDING THE PRODUCTION OF DOCUMENTS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ona T. Wang on 6/27/2022) (rro) (Entered: 06/27/2022)
(#63) STATUS REPORT. Joint Status Letter dated June 24, 2022 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) (Entered: 06/24/2022)
(#61) RESPONSE re: #58 Notice (Other), of Supplemental Authority. Document filed by Linda Evangelista..(Gerard, Jodie) (Entered: 06/21/2022)
(#60) NOTICE OF APPEARANCE by Erin Elizabeth Barrett on behalf of Zeltiq Aesthetics, Inc...(Barrett, Erin) (Entered: 06/15/2022)
(#59) PROPOSED CASE MANAGEMENT PLAN. Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) (Entered: 06/15/2022)
Exhibit Dearinger v. Eli Lilly & Co., -- P.3d --, 2022 WL 1788992 (Wash. June 2,
Main Document
Memorandum in Support of Motion to Dismiss
Main Document
(#7) NOTICE OF APPEARANCE by Jodie Gerard on behalf of Linda Evangelista..(Gerard, Jodie) (Entered: 09/23/2021)
(#6) NOTICE OF APPEARANCE by Jennifer M. Muller on behalf of Linda Evangelista..(Muller, Jennifer) (Entered: 09/23/2021)
(#5) NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 7889. Initial Conference set for 11/12/2021 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/23/2021) (tg) (Entered: 09/23/2021)
(#4) ELECTRONIC SUMMONS ISSUED as to Zeltiq Aesthetics, Inc.. (vf) (Entered: 09/22/2021)
Docket Entries
- 07/20/2022
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DocketTerminate Transcript Deadlines (tg) (Entered: 07/20/2022)
- 07/20/2022
- View Court Documents
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Docket(#66) STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, pursuant to Rule 41(a)(l )(A)(ii) of the Federal Rules of Civil Procedure, that the above-captioned case be voluntarily dismissed with prejudice, with each party to bear its own costs and fees. IT IS HEREBY ORDERED that all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/20/2022) (tg) (Entered: 07/20/2022)
- 07/19/2022
- View Court Documents
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Docket(#65) STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Zeltiq Aesthetics, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Linda Evangelista. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Gerard, Jodie) (Entered: 07/19/2022)
- 06/27/2022
- View Court Documents
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Docket(#64) STIPULATED ORDER REGARDING THE PRODUCTION OF DOCUMENTS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ona T. Wang on 6/27/2022) (rro) (Entered: 06/27/2022)
- 06/24/2022
- View Court Documents
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Docket(#63) STATUS REPORT. Joint Status Letter dated June 24, 2022 Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) (Entered: 06/24/2022)
- 06/22/2022
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Docket(#62) ORDER. The Initial Case Management Conference scheduled for June 23, 2022, is hereby adjourned to August 3, 2022 at 2:30 p.m. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (sfh) (Entered: 06/22/2022)
- 06/21/2022
- View Court Documents
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Docket(#61) RESPONSE re: #58 Notice (Other), of Supplemental Authority. Document filed by Linda Evangelista..(Gerard, Jodie) (Entered: 06/21/2022)
- 06/15/2022
- View Court Documents
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Docket(#60) NOTICE OF APPEARANCE by Erin Elizabeth Barrett on behalf of Zeltiq Aesthetics, Inc...(Barrett, Erin) (Entered: 06/15/2022)
- 06/15/2022
- View Court Documents
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Docket(#59) PROPOSED CASE MANAGEMENT PLAN. Document filed by Zeltiq Aesthetics, Inc...(Jones, Alyson) (Entered: 06/15/2022)
- 06/14/2022
- View Court Documents
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Docket(#58) NOTICE of Supplemental Authority in Support of Motion to Dismiss re: #26 MOTION to Dismiss .. Document filed by Zeltiq Aesthetics, Inc.. (Attachments: #1 Exhibit Dearinger v. Eli Lilly & Co., -- P.3d --, 2022 WL 1788992 (Wash. June 2, 2022)).(Jones, Alyson) (Entered: 06/14/2022)
- 09/23/2021
- View Court Documents
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Docket(#7) NOTICE OF APPEARANCE by Jodie Gerard on behalf of Linda Evangelista..(Gerard, Jodie) (Entered: 09/23/2021)
- 09/23/2021
- View Court Documents
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Docket(#6) NOTICE OF APPEARANCE by Jennifer M. Muller on behalf of Linda Evangelista..(Muller, Jennifer) (Entered: 09/23/2021)
- 09/23/2021
- View Court Documents
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Docket(#5) NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 7889. Initial Conference set for 11/12/2021 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/23/2021) (tg) (Entered: 09/23/2021)
- 09/22/2021
- View Court Documents
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Docket(#4) ELECTRONIC SUMMONS ISSUED as to Zeltiq Aesthetics, Inc.. (vf) (Entered: 09/22/2021)
- 09/22/2021
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DocketCase Designated ECF. (vf) (Entered: 09/22/2021)
- 09/22/2021
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DocketMagistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 09/22/2021)
- 09/22/2021
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DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 09/22/2021)
- 09/21/2021
- View Court Documents
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Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Zeltiq Aesthetics, Inc., re: #1 Complaint. Document filed by Linda Evangelista..(Markham, Daniel) (Entered: 09/21/2021)
- 09/21/2021
- View Court Documents
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Docket(#2) CIVIL COVER SHEET filed..(Markham, Daniel) (Entered: 09/21/2021)
- 09/21/2021
- View Court Documents
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Docket(#1) COMPLAINT against Zeltiq Aesthetics, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25091912)Document filed by Linda Evangelista..(Markham, Daniel) (Entered: 09/21/2021)
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