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.
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.