I have been going to a wound clinic for a severe wound on my lower leg, (not my first, so I know what to expect). The wound has only gotten worse and more painful. One of the treatments used for pain management is Lidocaine Hydrochloride 2% jelly. After 6 weeks, I should have had improvement. Today, when I went to pick up my lidocaine from the pharmacy, I opened the tube and noticed the inside of the tube was rusted! I immediately took it back and asked for another tube, and found all the tubes of "jelly", had a visible "rust" ring in the tube. So, I declined them. I came home and checked my tube of the lidocaine jelly, and also saw a faint rust ring in the tube, that I never noticed.I called the Wound Clinic, and they couldn't believe their ears. They said this was totally unacceptable. Again, this is the 5th time, I have had to deal with a vascular wound. By the time I go for treatment, healing may be slow, but, it doesn't get horribly worse. This product needs to be stopped. Could you please advise.
Country relating to Question: United StatesState (if USA): New YorkWhat have you tried so far?: I was researching on line to see if there was a class action lawsuit against the distributor "Akorn".
Hi. Thank you for your question.
I just want to add, there are pictures to show how the wound has almost doubled in size.
Based on your description, it appears that you believe your recovery has been compromised because of this product defect. Is my understanding correct?
Doubled in size--wow.
When applied, the lidocaine did numb the area, like it was suppose to, but, I kept complaining, something is wrong, because I've had pain with wounds in the past, but, this was getting unbearable. I was shocked when I saw the rust in the top of the ring of the tube of lodicaine. I took it right back to the pharmacy...they checked their other tubes, and they all had the visible rust in them. They refunded my money, immediately.
I also have the empty tubes of lidocaine, and one other tube for examination
What I'm wondering is whether the product is merely defective, or whether it is defective and that defect has caused your recovery to be impeded. Do you believe that your recovery has been compromised because of this product defect?
Does my question make sense? I am glad to rephrase if it will help.
Yes, your question makes sense, and I quess, that's what I'm trying to say...
Pharmacist was shocked....the wound clinic said, this is unacceptable...nobody said, "oh, don't worry"...
When a product defect causes foreseeable injury, the manufacturer is generally liable for the damages caused by the defect. In the case of medical products, "damages" includes a prolonged or retarded recovery. So where there is a medical product has been compromised due to a manufacturing defect, and where the patients are adversely affected due to the defect, there is generally a basis for a personal injury suit. Where the defect has affected or is likely to have affected a group of people, it can be the basis for a class action lawsuit against the manufacturer.
Based on you description, it would seem that the case has the potential to be very clear-cut. In that regard, my advice is to contact an a law firm that handles personal injury and class action suits for an examination of your condition, photos, etc. Oftentimes, law firms will take cases like that on a contingency basis (the attorney does not collect a fee unless you win).
These wounds don't heal quickly...they can take months to years, and the last thing we would have wanted, was to have an even large area to heal. That's where my problem comes in
That makes sense. In the field of law, there is a legal principle called "res ipsa loquitur", which is Latin for "the thing speaks for itself". It describes the situation where you can't prove causation per se, but it is the logical explanation for the result.
This wound is expensive, I have to stay off my feet as long as possible...
No question. My advice is to take this to the next level, legally speaking.
When I say "no question", I mean that I have no doubt that it is expensive and you have to stay off your feet as long as possible. I apologize if that was unclear.
Oh, ok...my problem is we're not talking days or weeks....we're talking added months on...but, pictures will tell. So, how do I take it to the next level. If I hadn't caught to problem, it would have gotten worse, and I wouldn't even think we know the complete damage yet.
So, how do I take it to the next level?
My advice is to contact an a law firm that handles personal injury and class action suits for an examination of your condition, photos, etc. Oftentimes, law firms will take cases like that on a contingency basis (the attorney does not collect a fee unless you win). Either that, or you can look into filing suit yourself, but I recommend using an attorney.
At this stage, I can discuss the law further, but in terms of actions to take, that is my recommendation.
Does that make sense?
Ok, but how do I find such a lawyer? Phone Book?
Where are you located in the state?
Long Island, NY
Thank you. Which county?
Suffouk or Nassau would be fine.
Personal referrals are best, but if you don't have a friend who can make a referral for you, I would refer you to either the Nassau County Bar Association or the Suffolk County Bar Associations. http://www.scba.org/eva/index.php?p=lris or http://www.nassaubar.org/Lawyer%20Referral/Lawyer%20Referral%20page.aspx
Did you have any other questions?
Thank you for your help. I only wish you could give me an interrested law firm...as that would be the biggest help. Hopefully, someone will jump on board.
Thank you for your time.
Every case is different, so an attorney that's right for one case might not be right for another. You have to decide for yourself with whom you are comfortable, and I'm not in good position to make that estimate. That's why personal referrals from friends are good sources.
An attorney can be great for one person, but there may be a personality clash with another. Plus, an attorney might be a good fit for a case, but simply may not have a workload that allows them to take on new cases. There is almost always some searching involved.
This sounds like it has the potential to be a pretty good case. I'm optimistic for you. Just make sure that you work with someone who has at least two years of experience and with whom you feel comfortable. 99% of the time, that will give you a good result.
It was my pleasure to work with you this afternoon. If you are so inclined, please positively rate me once you are completely finished, since that is the only way I may be compensated. Thanks.
Brandon, I wish I could leave you a higher tip, but, as my funds are limited to to the expense of this wound care...I have to buy all my own dressings, ointments, and "poisons", but, I did appreciate your input.
Attorney at Law
No worries, Anne, but thank you for the positive rating, and I really hope that you get a good outcome in your case.
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