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Pharmacy Accountability - Personal Injury Compensation?

Discussion in 'Personal Injury Law Forum' started by Emma Walters, 9 July 2014.

  1. Emma Walters

    Emma Walters Member

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    Good afternoon,

    My mother is having a legal issue and I came across this site whilst attempting to find out some information - hopefully this is the right area to ask for personal injury help.

    Basically, my mother went to a major chemist/pharmacy chain and requested a product for cleaning out your sinus area. Not exactly sure what this product is called, but she was very specific in her request, describing it to the staff member as a sachet of powder that you mix with water and inhale. She had used it before and just needed help locating it in the store. The staff member found an alternative product, which she claimed was better because it was a pre-mixed solution of the same product, not a powder. As my mother was not wearing her glasses, the staff member read the bottle and explicitly gave my mother directions on how to use the product.

    My mother went home and used the product following the exact directions of the staff member. She then experienced a very severe reaction to the product, basically burning her sinuses and having ongoing issues and not being able to taste and smell for the past year as a result. It turned out the product she was sold was a cleaning fluid, not to be inhaled. She consulted a lawyer that said she had a very strong case against the pharmacy, so she initiated legal proceedings to try and get some compensation. The pharmacy is denying everything and saying it was her fault for not reading the instructions herself.

    Whilst I agree my mother was neglectful in not reading the instructions on the bottle, I don't think she is completely at fault. The reason she didn't read the instructions was because she received such clear advice from the pharmacy staff about how to use the product. Surely they should bear some responsibility for providing incorrect advice and selling a customer the wrong product. Does anyone have any advice on this situation? My mother is now several thousand dollars in debt with legal fees and very stressed out.
     
  2. John R

    John R Well-Known Member

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    Hi Emma,
    What has your mother's lawyer said in relation to the pharmacy's response?
     
  3. Emma Walters

    Emma Walters Member

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    Hi John,

    Well she has had a change of lawyer (the first one moved elsewhere) and the second one doesn't seem to think her case is as strong as the first one led her to believe.

    My understanding is that they are going to request an amount as compensation, which will require the pharmacy to respond. They haven't really been very cooperative till this point, not responding etc. The first lawyer suggested going to mediation, but the second lawyer is less inclined to do this.

    I guess my mother is wondering if she should just cut her losses and pay her legal fees before she's in way over her head.
     

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