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Liability?


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#1 ProudMom_NY

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Posted 15 August 2012 - 07:22 AM

Good day. My 8 year old is fully allergic to Milk products (we carry benadryl and an EPI pen at all times). While vacationing recently, a promotional company was distributing samples of new "Ensure" product on the beach. My son was with relatives at the time, and when they inquired about the product containing milk, they were mistakenly informed by distributors that there was "no milk" in the product and that it was juice/fruit. He was therefore given the product and subsequently had an anaphylactic attack and had to be rushed to the emergency room for an epinephrin shot and subsqequent other medications... Thank God the hospital was only 10minutes away and they were able to respond in a timely fashion!
It concerns me that the company/ promotional company employs people to distribute products without receiving the proper training regarding the ingredients. Especially in this day and age, when so many (adults and children) are allergic to products: it could lead to life/death situation.
What are my rights here if any?

Thank you in advance for your feedback.

#2 Guest_FindLaw_Amir_*

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Posted 15 August 2012 - 07:58 AM

Did you suffer any damages?

#3 ProudMom_NY

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Posted 15 August 2012 - 08:07 AM

No- thankfully, my son was able to be treated in a timely fashion so he is okay now.... Asides from the worry, impact on our vacation and hospital bills (which we are not sure yet will be covered)- there was no "damage" since my son was treated.

#4 GuessAgain

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Posted 15 August 2012 - 09:47 AM

Did the product have a label of ingredients on it? Did anybody read it before handing it to the kid?

#5 ProudMom_NY

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Posted 15 August 2012 - 09:53 AM

It was a promotion, so it was like a "keg" container that they carried and it didnt have ingredients on it.

#6 pg1067

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Posted 15 August 2012 - 11:34 AM

What are my rights here if any?


You're free to sue on your son's behalf for damages suffered ( and, contrary to your statement, you and your son did, in fact, suffer damages -- e.g., medical bills, pain and suffering). Of course, I would think that a letter to whomever was in charge of distributing the product would prompt some sort of settlement offer without the need to sue.




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