QUESTION
E.R. visit caused by durable medical equipment, not working.
Asked on Jan 15th, 2013 on Medical Malpractice - California
More details to this question:
Hello, I am a consumer that has purchased a nebulizer to consume an inhalation solution for my asthma. I came under a bad spell recently , and had an asthma attack a few weeks ago. My nebulizer failed to work, because of a device short circuit at time of attack. The maker of the device stated the short circuit was due to user error even though it is only a month old and under warranty. I have taken care of device and followed instructions. I was forced to go hospital because of device malfunction. If the device worked I would have been able to treat my asthma attack with my prescription for roughly a dollar. Since it didn't work in my time of need, I was forced to go to E.R,. and I now have hundreds of dollars in bills and more probably coming in from this visit to E.R. Is the manufacturer of this device liable for any incidental or consequential damages stemming from the device not working and myself having to go to ER as a result? Is the manufacture liable for any damages?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Unfortunately, I do not think that your our of pocket expenses are enough damages to make a case against the manufacturer financially viable, and I do not think you will find an attorney to take your case.
If you want to try and hire an attorney, you should contact a local personal injury attorney (one in your state). Personal injury attorneys take cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Jan 16th, 2013 at 8:40 AM