Legal Question in Product Liability in Missouri
My husband had a b/k amputation on Jan. 4th, 2009 due to an infection and diabetes. He was fitted for a prosthetic leg shortly after. He received it in February and was released to wear it once the incision was completely healed. That ended up being in June. He wore it pretty much problem free until mid August. One day when we were shopping his prosthetic leg broke without any warning, just broke in two. He landed on his hands, with no major damage but it was a humiliating experience as he had to sit in the middle of the store while I went and got an electric wheelchair. This was on a Saturday and first thing Monday morning he brought his leg (in 2 pieces) back to the prosthetic company and they repaired it immediately. He had no problems until 2 weeks later. I don't know if what happened next had anything to do with this first incident. But somehow the screw that holds the device together worked its way up through the rubber part of the leg and to my husband's stub. My husband doesn't have a great deal of feeling because of neuropathy but this screw had created about a quarter sized abrasion. Unfortunately this abrasion left his skin open, which caused infection, which led to 8 days in the hospital, another surgery, 6 or more weeks of iv antibiotic, and a wound vac....not to mention potential months and months of being back on crutches, without work or pay. I am certain that we have a case but where do we start?
2 Answers from Attorneys
The first thing to do (to the extent it�s still possible) is make sure you keep ALL the evidence. That means keeping all receipts from the original purchase of the prosthetic, the subsequent repair of the device, and everything else, especially the prosthetic leg itself. Don�t change or modify anything on it � keep it exactly the way it was.
Though it sounds self-serving, the second thing to do is call a lawyer. Unless you know much about these kinds of issues and cases, there really isn�t much you can do yourself. I�ve seen many cases where people try to handle things themselves and they will sometimes create problems by inadvertently doing the wrong thing. Sometimes the problems they create are impossible to fix.
If you wish to discuss this to give me more information, you can call my office and I'll talk to you about it. I'm not allowed to put my phone number in here, but you can get it from my web site.
Please be aware that the statements and opinions provided above are just a broad informational service to the general public. Since this reply is based upon an incomplete description of facts, this email can not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Curran Law Firm or any of its members.
Rob Curran
Curran Law Firm
4608-B South Campbell Avenue
Springfield, MO 65810
www.CurranLawFirm.com
What Rob said is 100% correct. Keep all of your potential evidence and call an attorney.
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