Legal Question in Personal Injury in New York
Personal Injury case warranted or not?
I have been advised by one of the lawyers in the trademark section to post my question here to get your professional opinion. If interested, please see Intellectual Property: Trademark infringement? Proactiv Solution vs. Propassiv Solution.
In a nutshell, I used Proactiv in June 2005 and over the next several months, I suffered outbreaks of cystic acne and skin lesions. I reported these injuries to Proactiv support reps, and they consistently advised me to keep using the products as results vary by individual; in fact, they even sold me additional products, which only worsened my condition.
I consulted with a professional dermatologist who prescribed meds. My face improved, but I have been left with permanent scars and discoloration on my face. I suffered short term anguish and depression, which still hits me today.
I feel very strongly about what happened to me and have created a website to warn others. To see my full story, please visit my website at: propassiv dot com.
With the information provided, is a personal injury case warranted? Please note that I have a number of pictures before proactiv and during. I also have medical records prior and after the use of Proactiv. Please let me know if you need other info.
2 Answers from Attorneys
Re: Personal Injury case warranted or not?
I have not had the time to look at the referenced pages, but I would like to ask whether this was prescribed by a physician, and second, whether you were informed by the physician (if there was one) that the cystic acne was a possible side effect
This involves both medical malpractice and product liability law; from the medical malpractice side my concern is the "learned intermediary doctrine" which insulates the manufacturer if the prescribing MD fails to inform the user of the risks the manufacturer advises the doctor of. This has a similar application to "failure to warn" in a product liability case, but it is a defense, not a weapon.
How extensive are the scars?
Re: Personal Injury case warranted or not?
Nice website. In response to your question, a personal injury case may be warranted in your situation. Your case would fall under the products liability category, whereby a consumer who uses the product suffers damages from its use. In order to prove your case, you would need to show a causal relationship between your use of the product and permanent scarring and discoloration to your face. This causal relationship has to be substantiated by your doctors' medical records (dermotologist and plastic surgeon). We are highly experienced personal injury attorneys and we can certainly take a look at your doctors' medical records and discuss this case further with you. Do you have receipts and/or other proof from your purchases of the product? If you wish to pursue this matter, please call and/or e-mail my office at your earliest convenience, so that we may review the records and advise you accordingly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
