On March 18, 2020, SeeNext Venture issued a recall for their NumbSkin Pain Relief Cream. According to the recall, number 20-724, the packaging on the product is not child resistant as is required by the Poison Prevention Packaging Act. Because the pain-relieving cream contains lidocaine, young children who gain access to the product run the risk of poisoning. The recall has affected approximately 8,000 products.
The recall specifically involves the NumbSkin pain relief cream that contains 5% lidocaine. The cream was available in 30 grams; it was contained in a white and blue tube (with NumbSkin printed on the tube). The affected products have the following information printed on the tube: Lot 9238; batch number 9238; date code ranging from 10/2019 to 09/2020.
The defective product was sold online via Amazon.com for approximately $25 each; the products were available for purchase from October 2019 through February 2020.
According to the company there have been no injuries reported. The company is urging consumers affected by the recall to store the cream in a location out of the reach of children; the company is also offering instruction on disposing/returning the product in exchange for a similar replacement product with a child-resistant cap completely free. Known purchasers are being directly contacted by Amazon.
Should you follow the company’s recommendations? Without a doubt you should immediately put the cream out of the reach of your child. But what if your child was already harmed? What if your child already suffered poisoning because of the defective product? If your child was harmed as a direct result of a defective product, you should seek legal assistance immediately. The harm that your child suffered is worth more than a replacement product – your child’s harm might be grounds to sue the company for significant confirmation.
Depending on the details surrounding the incident, you might have grounds to sue for the harm that your child suffered. Specifically, you might have grounds to file a product liability claim. If you would like to learn more about your right to sue for the harm that your child suffered, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. You can trust the lawyers at Normandie Law Firm.
Normandie Law Firm is a law firm dedicated to representing individuals who fall victim to the negligent actions of others. Our law firm has many years of experience handling all sorts of claims, including product liability claims. Our defective product attorneys are ready to handle your claim and ensure that the negligent company is held accountable for the harm that your child suffered. If you are ready to discuss your claim with the experts at our firm, do not hesitate to contact us at your earliest convenience – we are ready to provide you with the necessary representation.
About the Poison Prevention Packaging Act
The Poison Prevention Packaging Act (PPPA) requires certain household substances to have child-resistant packaging. The packaging must be designed/constructed to be significantly difficult for young children (under the age of five) to open – while remaining simple for normal adults to be able to open and use properly. The purpose of this act is to reduce the risk that a number of products can represent to young children. Although the implementation of the PPPA has effectively reduced the number of reported deaths associated with toxic household products, many companies still fail to adhere to these regulations.
The Risk of Poisoning
Lidocaine is often used as a topical anesthetic to address minor pain. Lidocaine is not meant to be ingested. Because it is a numbing agent, the lidocaine can numb the mouth and the throat; this could result in trouble swallowing as well as in choking. If a large amount of lidocaine is ingested, it could be absorbed into the bloodstream, which can affect the brain and the heart. This can cause drowsiness, headache, confusion, seizures, coma, and even cardiac arrest. Lidocaine has also been associated with an impaired ability of the iron in red blood cells to carry oxygen to tissue throughout the body. This is called methemoglobinemia; people with this condition often appear to be pale (or even blue), feel tired, and have shortness of breath (because oxygen is not reaching tissue in the body).
About Product Liability and Your Right to Sue
Do you have the right to sue if your child was harmed by a defective product? Your right to sue after being harmed by a defective product is based on product liability. What is product liability? Product liability is defined as the legal liability that companies have for producing (or selling) defective products. Product liability is based on negligence, which consists of four elements:
- Duty of care – all companies have the duty to ensure that their products are safe for their consumers to use. If specific regulations apply, such as the PPPA, companies must ensure that their products are compliant.
- Breach of duty – some companies fail to perform their duty of care and instead breach the duty of care. They fail to identify and address potential hazards present in their products, putting their consumers at risk of harm.
- Cause – the defect causes an incident (e.g. the defect allows a young child to open a toxic product)
- Harm – the incident results in harm (e.g. the child ingests the toxic product and suffers poisoning)
Companies have the duty to ensure that their products are free of defects in labeling, design, and manufacturing. When they fail to do so, they are negligently putting their consumers at risk of suffering harm. When the harm a consumer suffers can be traced back to a product defect or a breached duty of care, the company could be held accountable.
This means that affected consumers could file product liability claims and sue companies for the harm suffered. If you would like to learn more about product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience.
Recommendations for Affected Consumers
What should you do after you or a member of your family suffered harm associated with a defective product? Without a doubt, the shock of being harmed by a defective product can make it difficult to take the appropriate actions after the incident. However, there are a few recommendations that all consumers should be aware of. If you or a member of your family was harmed by a defective product, you should do the following:
- Seek medical attention as soon as possible
- Take photos of any visible injuries
- Take photos of the defective product
- Keep the defective product as-is in a safe place, away from the reach of children
- Contact the company to report the defect present in the product as well as the incident/harm suffered
- Do not agree to a free return
- Do not agree to a full refund
- Do not agree to a free replacement
- Do not agree to return the defective product
- Gather all records associated with the purchase of the defective product, such as receipts or order confirmations
- Gather all records associated with the medical care required after the incident
- Speak to witnesses and collect their contact information
- Seek legal representation
For more information regarding the recommendations listed above, do not hesitate to seek legal assistance with the experts at our law firm at our earliest convenience.
Recovering Monetary Compensation
Although monetary compensation cannot reverse the harm that your child suffered because of the defective product, it is important to understand that the recovery of compensation can help you and your entire family move forward from such a traumatic experience. Could you really be eligible to recover monetary compensation for the harm that your child suffered? If so, how much and what type of compensation could you and your family be eligible to receive?
Based on the details surrounding your claim, you could recover some of the following upon a successful claim:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
- Property damage
Regardless of the specific type and amount of compensation that you could be eligible to receive, you can be certain that the experts at our firm are ready to aggressively fight for your right to reach a maximum recovery. To learn more about the type and amount of compensation available for you to receive, contact the product liability lawyers at our firm today.
Filing a Product Liability Claim on Time
As discussed above, you could sue and receive compensation if your child suffered harm associated with a defective product. However, were you aware that you could potentially lose your right to sue if you do not take action soon enough? This is because claims are time-sensitive; if you do not file within the appropriate timeframe, you could lose your right to sue altogether.
A statute of limitations establishes the length of time that claimants have to sue. In California, product liability claims are typically subject to a two-year statute of limitations, meaning that they only have two years to sue. Although this is a strict timeframe, some details surrounding the claim could result in a tolled deadline. For instance, claims in which the victim was a child at the time of the incident are subject to such exceptions – that is, the deadline will be tolled until the victim reaches the age of a legal adult.
If you would like to learn more about the specific deadline that applies to your claim, do not hesitate to contact our law firm at your earliest convenience.
Contact Normandie Law Firm for Legal Assistance
Are you ready to learn more about your right to pursue a product liability claim against SeeNext Venture or any other company that negligently contributed to the harm that you or a member that your family suffered due to a defective product? If so, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – helping affected consumers hold liable parties accountable. Our lawyers are knowledgeable on product liability law and are ready to represent you in your defective product lawsuit.
At Normandie Law Firm, we are dedicated to providing our clients with the necessary legal information. To do so, we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to provide you with all the information that you might need. Our lawyers will answer all your questions and address all your concerns. If you are ready to speak with our experts and benefit from our free legal services, do not hesitate to contact our firm at your earliest convenience.
Our Zero-Fee guarantee ensures that our clients never have to worry about upfront legal fees. Our strict contingency structure ensures that our clients do not have to pay until they win. We are dedicated to making our legal expertise as accessible as possible. If you are ready to meet with our defective product attorneys, contact our firm today.
