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to NOT want to make a personal injury claim!

9 replies

EttiKetti · 20/04/2011 08:01

Hate this litigious society we seem to live in!

Basically I had a near fatal reaction to a herbal off the shelf product very recently. Literally every visitor I've had whilst recovering is adamant I 'sue' the manufacturers as they make no warning off this possible reaction in the leaflets that come with it.

I had no idea I was sensitive to this ingredient, so AFAIAC, its one of those things....and the stress of a lawsuit won't aid my already long, slow recovery!

OP posts:

NestaFiesta · 20/04/2011 08:05

Won't hurt to ask.


A1980 · 20/04/2011 09:39

"I had no idea I was sensitive to this ingredient, so AFAIAC, its one of those things...."


Warning on the box or not you wouldn't know you were allergic until you actually took it.

SO what you'd need to establish is that you would NEVER have taken it had the warning been on the box. That's hard to prove. If's buts and maybe's and all that.

It doesn't sound great. What was the product

BTW I am a PI lawyer Grin


BristolJim · 20/04/2011 09:41

It might be the kick in the pants the manufacturers need though to put the ingredients on the label, and stop your near fatal reaction becoming somebody else's actually fatal reaction...


EttiKetti · 20/04/2011 09:44

Would rather not put too much detail on here, and really, as you say, its hard to prove, as there is surely an element of risk in ANYTHING we take especially OTC items, its a judgmenet call...

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valleyqueen · 20/04/2011 09:50

YANBU I got hit from behind in my car about 2 years ago, I still get loads of phone calls asking if I want compensation. My neck hurt for about 3 hours and I missed about 45 minutes of work.

Hardly a compensation claim.


olderandwider · 20/04/2011 09:51

I don't think you can sue for an unforeseeable event.

However, if the manufacturers knew there was a risk of an allergic reaction (through reports from other users or from a literature search that showed up a potential risk) then you might have a case against them.

But, now it has happened, it is now foresseable, so you should tell the M/F what happened (if you haven't already) so they can put a warning on the pack.


EttiKetti · 20/04/2011 09:54

I have done a yellow card, I will tell my Consultant when I see her in a couple of weeks (as it was a mystery as to what caused the health issue) and get proper allergy testing as it could affect day to day life if I am as sensitive to the product as it appears but as you said olderandwider itsunforseeable......bit like finding out you have a peanut allergy I guess!

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A1980 · 20/04/2011 09:55

If you don't want to start a claim, I would at least make a complaint to the manufacturer. They do need to be aware of what happened to you.

YOu might get further with them if you deal with it yourself without involving lawyers.

Write to them and tell them waht happened.


EttiKetti · 20/04/2011 10:12

Good idea actually to do that as well as it was near fatal and the main and only ingredient is something that can and has caused what happened to me before, just on a quick Google never mind all the questioning in hospital at the time. Thanks :)

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