QUESTION
I almost died from infection caused by a custom molded insert. Do i have a case without it? I do have purchase receipt.
Asked on Aug 20th, 2012 on Personal Injury - Pennsylvania
More details to this question:
I am a diabetic with severe neuropathy in feet. This shoe store specializes in diabetic footwear. They make custom orthotics in their store. As a regular customer, they are familiar with my condition. The insert i was wearing at the time just needed to be reinforced which would have cost about $60. instead they suggested new molds be made at $325. They said the heel of this new insert would be made of cork and thus more durable. I trusted them so i purchased them. When i finally got around to breaking them in, i developed an ugly irritation and cut on ankle in less than an hour. I began to feel sick and thought i had a virus however, after seeing a doctor I was told to go directly to ER. On 09/30/2011 i went to one hospital then was choppered to HUP(Hospital of University of Pa.) on 10/01/2011 the main reason was respiratory failure along with sepsis of the blood, DVT,Debridement of Foot, bacteriama. I believe that cut caused the infection. I NEED HELP PLEASE!!!!
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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In order to have a claim for products liability against the shoe store that molded the new orthotics, you would have to prove that there was some inherent defect or problem with the orthotics that directly caused the injuries you suffered. First, if you no longer have the orthotics, this might be impossible to prove. If you do still have them, they would need to be analyzed and a medical doctor would have to provide some opinion that the sepsis, DVT, foot debridement and bacteriama was caused by the orthotics. You would have to gather up all your medical records from the primary doctor, HUP, and anywhere else you treated with.
You may also be able to pursue a claim of negligence against the shoe store for failing to properly measure your foot prior to constructing your new insert, which then caused the cut and resulting infection.
If you would like to discuss your situation in more detail, I would be happy to do so. Please feel free to call me or email directly.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
(610) 565-3700 x 271
mdavey@eckellsparks.com
www.paemploymentlaw.blogspot.com
www.eckellsparks.com
Answered on Aug 20th, 2012 at 10:22 AM