Q: I believe this is a product liability issue and am wondering who can best advise on how to proceed with a claim or suit?
A year and a half ago, I used a mouthwash. My gums turned white and after antibacterial medication from the dentist, they are still white. I went through the claims dept. with the company who makes the all natural product. They have not proceeded with my claim further. I did submit the authorizations for release from doctors. I am having tooth aches where the gums recede. I would like to see compensatory measures to cover further dental expenses to alleviate the pain which require a specialist.
A: If I understand you correctly, you have had no treatment for the receding gums. Without treatment, you won't establish any damages. Also, a "podiatrist" treats feet and ankles, not sure why one is commenting on receding gums. Further, there is no evidence that the mouthwash caused your gums to recede, versus some underlying dental condition. You can get a consultation with a medical malpractice attorney for a more detailed evaluation.
A: Finally, you may be too late. California Code of Civil Procedure section 340.5, states that this kind of case must be brought “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” or within three years of the date of the injury, whichever comes first.
A:
you need to contact a products liability lawyer in your area.
hopefully you save some of the product for testing.
you have the burden of proof to show the product was the cause rather than something else.
i have an incident years ago where my client was repainting her porch and use a brand of paint and broke out terribly.
we sent it out several times and could not find anything wrong. This particular client was allergic to this paint.
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