It sounds like you have a product liability case. Unfortunately, these cases are expensive to bring and difficult to prove, so it is only practical to pursue if the injuries are severe, regardless of liability. Do you still have that pen? If the tests come back negative, it probably isn't worth pursuing. If it is positive, however, then it certainly would be, if the requisite proof can be had. For starters, do an internet seach and see if there are any law firms who are already involved in litigation concerning this device.
Answered on Feb 27th, 2013 at 3:15 PM