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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117359
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I went to a Podiatrist Faciatis, i was prescribed

Customer Question

I went to a Podiatrist for planters Faciatis, i was prescribed a Topical Creme containing Flurbiprofen 10%, Diclofenac 10%,Gabapentin 6%,
Bupivicaine 1% Baclofen 2% in Lipoderm Activemax Cream, the instructions on the can say to apply 1-2 grams to the affected area 3-4 times a day. The warning labels on the can say package is not child resistant. Compounded on Physicians orders, for external use only.
I began using the compound and after about a week my daughters/grand daughters 2 cats became ill.
They were taken to a Vet and spent 3 days in critical care
The bill was just under $4000. Poison control was notified by us
and the Vet advised me not to use the compound around the animals
as it is highly toxic to cats. The only reason i quickly took the cats to the Vet is because of the FDA Warning on April 17 2015 about the Topical Creme being dangerous to pets. I had no idea that just residue
from the creme could do this. I had to save the pets because my 16 month old and 4 year old Grandaughter as well as myself love the cats and this was due to my foot creme, if someone either at the Podiatrist office or the Drug company would have just warned me this could have been avoided. I called the drug company and they said they may start putting a warning label on but only if the superiors decide to.
My wife made me rent a rug doctor and clean the entire house and dispose of all the pet toys. The reason i used the creme is because i work over seas on a ship and i was leaving the states soon so there was not enough time to fit me with a proper insert. The Podiatrist apoligized
in response to an email from me. My question is can anything else be done ? Im out the $4000 by the time the cats go back for a follow up next week, they appear to be doing well but we are worried as one
wasnt interested in his food this morning. Its my understanding this was reported to the FDA Via the poison control report and my Vet but i want all Cat lovers to realize it only takes a trace of this to kill or sicken your pets. I am lucky i happen to see the article while looking at news on the internet and noticed the name of the drug Flurbiprofen and thats when i
showed it to my daughter.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If there was no warning on the label, then the manufacturer of this product is strictly liable to you under product liability law for the damage their product caused. Under product liability, the manufacturer must provide you with adequate warning on the package and failure to do so is grounds for them to be liable to you for the harm, caused.Thus, you need to send a written demand letter to the manufacturer and explain the lack of warning caused harm to your cats and list the amount of damages that you incurred. Tell them if they do not compensate you for those damages you will be forced to pursue them in product liability, which is strict liability and that means they would be found liable for not providing an adequate warning to you about the dangers of their product.

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