Is it a consumer case or Medical Malpractice case ?

This could be both a products liability and a medical malpractice or personal injury case. The question of whether the helmet was defective needs to be explored, as does whether the doctor properly explained how to use it, whether your son properly used it, whether it was appropriate to use it, and if the doctor waited too long to instruct your son to stop using it.  The viability of the case will also depend on the severity of the deformity. You should be aware that the statute of limitations for products liability litigation is three years from the date of injury and medical malpractice is 2 1/2 years.