Hi I'm new to the group and I've been facing a problem for the last two years no one seems to want to take on the case when you're the first person I am the second person in the US to have an allergic reaction to a peek cage that was placed in my spine during a fusion. I've called a lot of attorneys but being that I was the first one no one will take the case. I have a YouTube page which shows the burns , and welts that covered my body for a year. Because of my YouTube page and a spinal group that I am on Facebook to get the word out for people to have allergy test done before I have found now three other people possibly a fourth who have also had a reaction to the peek cage implant . They are looking at me for answers I have done all the research but there are no answers I can get them because no one will take on medical device companies any help would be appreciated . Thank you
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Medical device lawsuits
- Thread Starter Cathy P
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adjusterjack
Super Moderator
I think that the reason you can't find an attorney is that there is no product defect to sue for.
Lots of people are allergic to lots of things and an allergic reaction doesn't mean that there is a product defect.
Especially if only a handful of people have reactions out of many thousands.
If the product failed due to a defect, you would have a lawyer in a heartbeat. But this is not that.
You are doing a public service by getting the word out about potential allergic reactions but there is no lawsuit here.
Lots of people are allergic to lots of things and an allergic reaction doesn't mean that there is a product defect.
Especially if only a handful of people have reactions out of many thousands.
If the product failed due to a defect, you would have a lawyer in a heartbeat. But this is not that.
You are doing a public service by getting the word out about potential allergic reactions but there is no lawsuit here.
army judge
Super Moderator
Many attorneys take on medical device manufacturers daily, all across this nation.
You just have to find one or two that know something about the device that has plagued you.
How you do that goes from pounding the pavement, writing letters, calling attorneys, and contacting the state bar association and the various county bar associations.
You might start by locating medical malpractice attorneys that have worked with people injured during surgical procedures.
Such attorneys might not take your case, but they might know attorneys that will.
If your search is exhaustive beyond belief, that often means the attorneys you've met don't think you have a case.
Good luck.
Yes there are a lot of people that have allergic reaction's out there the problem with this is that I've never had allergy before my life according to the literature from the device that I got way after the surgery they asked the medical doctors , surgeons to test for allergies for all metals this product is made out of basically a plastic I thought they were using cadaver bone so I was very surprised after my second surgery to remove rods and screws that I also thought we're titanium and they weren't that they place this material and me as I said it's called peek at it is the same stuff that transvaginal mesh is made out of it's funny that they have everything out there that causes things from that But this be in the same material and placed in my body and blocks solid blocks I was never told about or given the option to use cadaver bone before the surgery because apparently it's something new and everybody believes in it so It was never spoken of unfortunately I paid the ultimate price because like I said now I'm allergic to all plastics any last text do you realize how hard it is to avoid that .
Thank you for commenting and yes I did contact the state bar association I've contacted attorneys from New Jersey to California a couple of attorneys were looking into it and wanted to place me on a list and then stop looking into it I've got other responses that were telling me that I was opening up a canna worms I've written to the FDA and numerous politicians you know all the ones that say they care about people I don't know who else to reach out to but I would think with everything going on with the health insurance issues that companies would rather pay for an office visit to be tested for allergies other than close to $1 million for three surgeries and I would give it all back to them not to have this allergy and not to have gone through what I went through so if I can help one other person I hope I can And like I said now there are three other people who are contacting me who are going through the same stuff one person be having surgery this past week and already feels better somethings got to give .
adjusterjack
Super Moderator
Nobody has any obligation to give you free legal representation when they don't see a worthwhile case.
That's about the long and short of it.
That's about the long and short of it.
I'm not asking for free legal advice I just wanted to know why nothing was being done about medical devices that are not metal and they have no testing for resulting in lifetime injuries to people but I appreciate everyone's feedback thank you
adjusterjack
Super Moderator
What I meant was that attorneys have no obligation to represent you for free if there is no case.
As to why nothing is being done, I have no clue.
As to why nothing is being done, I have no clue.
I do understand what you're saying and I hope you understand I was just putting it out there and was wondering why no one has touched the subject when the stuff is the same material that the transvaginal mesh is made out of and they know it causes complications when being used it was just a curiosity question and I wasn't looking to find anybody To do anything for nothing I believe I posted in my first post that a couple other people have now come forward and they're asking me questions on the second one in the US to have this I don't have the answers so I guess I was just looking for answers thank you all
adjusterjack
Super Moderator
Maybe you and the others can pool some money to hire a lawyer just to do some research for you, not necessarily to pay for a lawsuit, but just to pay for the research.
cbg
Super Moderator
Yes there are a lot of people that have allergic reaction's out there the problem with this is that I've never had allergy before my life
What that means is that you've never before come in contact with something you were allergic to. The device didn't cause you to have an allergy - that's not how it works. You've been allergic all along - you just never encountered the substance that you were allergic to before.
As a point of comparison, say you were allergic to bee stings. That's the only thing you're allergic to, but you are allergic to that. You've never had a bee sting before so you don't know of the allergy. Then as an adult, you're stung by a bee and suffer an allergic reaction.
Did the bee cause your allergy? No, it only triggered what was there all along.
What that means is that you've never before come in contact with something you were allergic to. The device didn't cause you to have an allergy - that's not how it works. You've been allergic all along - you just never encountered the substance that you were allergic to before.
As a point of comparison, say you were allergic to bee stings. That's the only thing you're allergic to, but you are allergic to that. You've never had a bee sting before so you don't know of the allergy. Then as an adult, you're stung by a bee and suffer an allergic reaction.
Did the bee cause your allergy? No, it only triggered what was there all along.
Well in this case that wouldn't be true because everything around is plastic I cannot be on my laptop computer or my cell phone holding it too long I have to talk in the speaker otherwise my hand swelled up I'm not young so I've been around plastic all my life I made homemade ice cream and use plastic tubs all my life never had a reaction until it was in my body for over a year
Actually it is the case I never had an allergy before in my life to plastics I am in the food business and I also made home made ice cream for 10 years in my own business and I worked with was plastic tubs my cell phone is made out of the same plastic which is a peek everybody says it's a hard plastic when I'm on my laptop computer I get welts on my wrist and my fingers And I've never had that reaction before I'm 52 years old so yes it was the cause of my allergy that I now have but that isn't quite what I was looking for I was looking for a way to get it out there that maybe somebody knows something who I can write too or whatever I just like to make it that people have to get allergy tested before put in a foreign object in your body again I've never had allergy and this just was brought on because it was in my body too long my Doctor Who is a teaching professor up at Mount Sinai hospital in New York have said so and So has my immunologist I've been around plastic all my life thank you for any input you may have
I've written to all our government officials and the FDA the whole point of me reaching out is basically to see if anyone knows someone not for a lawsuit in particular because I cannot speak for the other women but someone who may know someone Who could maybe help get the ball rolling in the direction of making it mandatory to be tested for allergies before putting foreign objects in a persons body this could happen to anyone it also happened to another friend of mine with the knee surgery after her second surgery sitting in a wheelchair with a spacer in her knee I asked her if she was ever told to have a allergy test she went and had a Melissa test done and came back that she was allergic to nickel a year later and a third surgery she was out having fun with her daughter and just imagine all they needed to do was one $35 office visit and all of that could've been avoided and the insurance companies could've save money it's just a shame that no one is immune to this it could happen to anyone of us here on the tread or anywhere else I've had people reach out to me as far as California and I'm in New Jersey so on any implant patient pamphlet that they don't give you they always suggest to do Metal testing in my friends case it would have saved her two surgeries in my case not so much because like I said this is a hard plastic and the same stuff the transvaginal mesh is made out of I had four squares and me and they don't have a test for it I just don't want anybody else to get hurt and go through what I've gone through all these other women have gone through just grasping at straws's seeing if anybody has any ideas thank you so much for your comments everyone
cbg
Super Moderator
Whatever you say. The laws of immunology have been suspended just for you.
Well unless your doctor and unless you're living in my shoes and no my body you can't quite answer that question because of that major allergic reaction if you look at the video they have me on high dosages of prednisone which is a steroid which compromise my immune system anybody who's been on the that knows that so if you really can't be helpful don't make comments that you don't know about I've been dealing with This now for three years if you had to see one of your family members go through this I'm sure you would think differently thank you
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