QUESTION
My son had a hearing aid explode in his ear on May 13, 2009. He had to be seen by a specialist to remove parts from his ear canal and ear drum.
Asked on Jul 23rd, 2012 on Personal Injury - Ohio
More details to this question:
I had spoke to an attorney just after the hearing aid exploded. I do have pictures of the hearing aid and pieces that were pulled from his eardrum. My son''s head was down (forward) when he ran into another kid. The other kid turned his head hitting my son with the side of his head just behind the cheek bone.
I did call Oticon and explained what had happened. The lady I spoke to said she had never heard of anything like that ever happening in all the years she had worked for them.
Today I spoke to the attorney. He doesn''t feel there is anything that can be done. Being the honest person that I am, when I spoke to Oticon the lady asked if I would send it to her so their technicians could take a look at it. I did just that. Now all we have are that pictures instead of the original hearing aid.
All I was asking for is them to replace the aid.
Do you feel anything can be done?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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The facts do suggest that the damage to the hearing was precipitated by the collision with the other child and therefore I think you would have an uphill battle attempting to prove that the hearing aid exploded due to a defective design. You can do some Google searches to see whether there was a history of this kind of problem with Oticon hearing aids. If you turn something up then you might consider approaching a local personal injury attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free.
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 Jul 25th, 2012 at 1:10 PM