to NOT want to make a personal injury claim!
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!
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
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!
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.
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