Parker Waichman LLP Discusses How to Maximize Your Compensation for Your Injuries
Consumer Value Stores, better known as CVS, recalled one of their over-the-counter nasal sprays over fears that the remedy may be contained with bacteria. CVS markets the medication as a “store brand” and sells the spray at a discount to the name brands like Afrin and Vicks. A company called Product Quest Manufacturing LLC makes the nasal spray for CVS. A recent inspection found that bacterial may have infected a specific lot. Consequently, Product Quest Manufacturing and CVS have recalled the drug. Consumers must return it to the location of purchase immediately and consult their physician if they detect any adverse symptoms because the bacteria could cause an infection that may be deadly in some populations.
Parker Waichman LLP clients have suffered severe injuries and illness as a result of a medical manufacturer’s error. Our clients feel as though the medical manufacturing industry is oblivious to the harm they cause innocent people when they produce faulty medicines. Our attorney felt like they needed to do something about the injustice our clients experienced at the hands of major pharmaceutical companies. Our clients have found that aggressively pursuing financial compensation for their injuries gives them the peace of mind knowing that justice was done on their behalf and have felt our lawyers helped them achieve the resolution for which they hoped.
CVS-brand Nasal Spray
The nasal spray recalled by Product Quest is marketed as “CVS 12 Hour Sinus Relief Nasal Mist.” The medication contains Oxymetazoline as its active ingredient and belongs to the class of drugs called “nasal decongestants.” Oxymetazoline shrinks the blood vessels in the user’s nasal passages. Oxymetazoline works quickly to clear nasal passages and relieve discomfort caused by colds, and allergies like hay fever. The drug can also help relieve the symptoms of clogged sinuses.
The side effects of Oxymetazoline are typically benign. Some users experience side effects like:
- Dry nose,
- Elevated amounts of discharge from the nose,
- Headaches, and
Some people can experience significant side effects such as a rapid heartbeat or a slowing heartbeat. A person experiencing cardiac arrhythmia must see their physician immediately.
Basis for the CVS 12 Hour Nasal Mist Recall
The U.S. Food and Drug Administration (FDA) announced the recall issued by Product Quest as “voluntary.” Specifically, Product Quest has recalled Lot# 173089J of the CVS Health 12 Hour Sinus Relief Nasal Mist due to the infiltration of bacteria in the manufacturing process. The lot expires in September of 2019. The product subject to recall may be found in a 0.5 fluid ounce white bottle. The carton containing the bottle is orange and has white lettering. The contaminated lot numbers about 16,000 bottles which CVS distributed all across the United States.
The specific bacterium which contaminated lot# 173089J is known as Pseudomonas aeruginosa. Health experts warn that repeated doses of contaminated nasal spray can lead to a serious infection which may endanger the lives of some people. Infection occurs after bacteria infiltrates the user’s nasal passages and a colony of bacteria emerges.
Possible Adverse Health Consequences from Using CVS 12 Hour Nasal Mist
The resulting infection can be life-threatening. People with cystic fibrosis or compromised immune systems are the most vulnerable population to suffer from an infection caused by Pseudonomas aeruginosa. People with cystic fibrosis or an immune disorder could suffer from a life-threatening illness while using the contaminated nasal spray. Other groups may be affected as well, however, neither the FDA nor Product Quest specify which additional populations may be at risk. At this juncture, Product Quest claims that no one has made a complaint or notified the FDA that someone fell ill after using the recalled nasal spray.
Product Quest and the FDA urge consumers to not use and to discard the contaminated drug. Consumers may also return the product to CVS for a refund, if available. Any person suffering from possible unexpected side effects from using the recalled spray should be reported to the FDA immediately by your doctor. If you feel that you are getting sick after using the spray, you must consult your physician immediately.
What Grounds Do You Have to File a Claim?
When a person suffers an injury due to the failure of a drug manufacturer, or any other company for that matter, to produce safe medicinal products, then the injured person may have grounds to sue the manufacturer. If you took CVS 12 Hour Nasal Spray Mist and suffered adverse health consequences that caused you a financial loss, then you have grounds to file a claim.
The law of products liability in the United States, although varying in some details from state to state, is uniform. A person may have a cause of action if the product that he or she used can file a lawsuit or file a claim for damages if the plaintiff, that is the injured person, can prove that the manufacturer’s defect caused the injury. The connection is not always easy or obvious.
The connection between a defective product and a person’s loss is known as causation. Without causation, you have no claim. The company is not automatically liable for your losses if you cannot show that the company caused the injury.
Defective medical products liability typically involves one of three legal theories. The first is that the entire manufacturing process or design process was faulty, and as a result, all of the manufactured goods are defective. Secondly, and applicable to the CVS 12 Hour Nasal Mist recalled, is a manufacturing defect that infiltrates only a small number of the total amount of products produced. This recall includes 16,000 of the Nasal Mist spray ever produced and not the entire product line. The third cause of action or theory of manufacturer’s liability for defective products involves the marketing of the product. A pharmaceutical manufacturer can be liable for damages for failing to warn about a potential side effect or false and misleading advertising materials.
If you feel like you may have a claim, call Parker Waichman LLP today to find out more.
The Value of Your Case
Every person who sits down with our lawyers inevitably asks what the monetary value of their case could be. Many factors figure into determining the dollar value of a case. An experienced pharmaceutical defect attorney from Parker Waichman LLP understands the value of a case. Our lawyers understand how to evaluate a case based on the “special damages” such as medical bill, lost wages, and other tangible losses and can ascertain the monetary value of losses to which a price is not readily fixed. Examples of losses that do not have an intrinsic monetary value are your pain and suffering, your emotional losses, and the diminishment of the quality of your life after your injury.
Other considerations determine the overall value of a case. A judgment for $1 billion is wonderful, however, if that money cannot be collected, then it is worth a lot less. That is why Parker’ Waichman LLP’s lawyers receive training on how to uncover insurance policies and locate sources of money to contribute to paying your damages and obtaining tangible results to compensate you for your loss.
Start the process of filing a claim by calling Parker Waichman LLP today at 1-800-YOURLAWYER and ask to speak with one of our outstanding, award-winning, and experienced pharmaceutical defect attorneys. Our lawyers will discuss every aspect of your case and develop a strategy to help you recover just compensation for your losses. Once we speak with you, our lawyers will start investigating your claim immediately. We know that time is of the essence and any delay can hurt your case.
You Need a Qualified Lawyer
The DIY, or “Do It Yourself” philosophy can save you money in many areas of their life. Your defective pharmaceutical claim is not one of those aspects of life that are DIY appropriate. Our lawyers not only know the substantive and procedural laws applicable to your claim, but are also skilled and crafty negotiators who work daily to perfect their craft.
Defective medicine cases are highly complex lawsuits. They require the proper expert witnesses to illustrate to the fact finder why the manufacturing process was faulty. You also need expert witnesses to educate the fact finder about how your loss affects you and your family now and in the future. You will also need an expert witness to make the connection between your injury or illness and the manufacturer’s production failure.
You are not actually saving any money. Analysis shows that people with attorneys win on average 35% more than people who are unrepresented. Insurance companies and insurance defense attorneys understand how to attack a particular situation and resolve a possible huge case for short money up front by approaching the injured party with a settlement offer that appears fair before the injured person can hire an attorney.
We work on a contingency fee basis. A contingency fee will be paid if and only if we are successful on your behalf. You never have to dig into your pocket for any money. Our fee comes out of your earnings and we also deduct the costs of litigation that we advanced to you. You never have to reach into your pocket to pay us; we take care of everything diligently, compassionately, and with the expertise that you expect from a nationally recognized law firm.
Contact Parker Waichman LLP’s Drug Defect Lawyers Today
Act now before it is too late. Our award-winning attorneys have the expertise you need to help you get the most out of your CVS nasal spray claim. We are here 24/7 to speak with you about the incident that caused you pain and suffering. There is never any obligation. We are happy to meet with you free of charge or you can speak with us by using our Live Chat App on our webpage if that is more convenient for you.
Our industry peers have bestowed upon us numerous award for the work we do for our clients and the success our clients have enjoyed. We acknowledge our person accolades because the awards are voted on by our peers and we appreciate them recognizing the amount of hard work and dedication our lawyers give to our clients. Most importantly, our attorneys have recovered over $2 billion for our clients.
You must remember that time is of the essence. Waiting to see what happens is fraught disaster. You could easily miss the statute of limitations on your case if you do not hurry to speak with us. Once the statute of limitations lapses, then you cannot recover damages on your case.
Call Parker Waichman LLP right now at 1-800-YOURLAWYER to initiate your claim against CVS and Product Quest or another company who manufactured a defective reduction that lead to your injury. Our CVS and Product Quest nasal spray lawsuit lawyers are standing by right now. Call for your free case review today.
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