B. Cepacia Infection Lawsuit
Burkholderia cepacia (B. cepacia) is a bacterium present mainly in water and soil and is something that most individuals in Texas will never even hear about. This is not surprising: even if this bacterium enters a healthy person’s body and causes an infection, the symptoms of such an infection – coughing, congestion, and fever – are not severe and the infection can be surmounted. However, if you or your loved one has a chronic lung condition such as cystic fibrosis or have a compromised immune system an infection from B. cepacia can be a life-threatening event.
DRUG RECALL NOTICE:
Contaminated Pharmaceuticals Linked to B. Cepacia Outbreak
Over the past year individuals in Texas and elsewhere throughout the United States have contracted bacterial infections from B. Cepacia after using stool-softeners, antiseptic wipes, and other common products manufactured by PharmaTech LLC. These individuals have experienced a variety of signs and symptoms as a result of their infections and may have incurred a significant amount of medical expenses, lost wages, lost future earnings, and other financial and noneconomic losses. For these individuals, taking legal action may be appropriate.
The attorney’s at Hastings Law Firm are currently interested in hearing from anyone who believes they may have been infected by a contaminated product. We’re reviewing cases on an individual basis and if we believe you were indeed harmed by negligence, we will work to help you obtain compensation for your injuries and losses.
What Products Have Been Contaminated with B. Cepacia?
Residents of Texas who have developed a B. cepacia infection after using certain products may be able to file a lawsuit and seek compensation from a product’s manufacturer if that product was the source of the B. cepacia bacterium that caused the infection. Some products that are currently being evaluated for potential lawsuits include:
- Liquid stool softeners, especially those manufactured by PharmaTech LLC and distributed under the Rugby brand. In August 2017, PharmaTech LLC and Rugby Laboratories initiated a voluntary recall of their products, Diocto Liquid and Diocto syrup, after reports were made to the Food and Drug Administration (FDA) that individuals allegedly developed B. cepacia infections following the use of these products. It is believed these products may be linked to B. cepacia infections in 60+ people acress eight states.
- Baby wipes that were manufactured under the brand names Cuties, Diapers.com, Femtex, Fred’s Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch, and Well Beginnings. The manufacturer of these brands, Nutek Disposables, Inc. initiated a voluntary recall of these products in October 2014 because some of the containers of these products were found to contain B. cepacia.
- Comfort Shield-brand products, including Comfort Shield Barrier Cream Cloths, Incontinence Clean-Up Cloths, Comfort Bath Cleansing Washcloths, M-care Meatal Cleansing Cloths, and two-percent Chlorhexidine Gluconate Cloths. These products were the subject of an August 2016 product recall.
- Antiseptic wipes and benzalkonium chloride swabs manufactured by the Dukal Corporation. These products were recalled in August 2012 after concerns surfaced that these products may be contaminated with B. cepacia.
Other products that are suspected of being involved in B. cepacia outbreaks include I.V. Flush Syringes manufactured by Nurse Assist, Inc., alcohol-free mouthwash, and moisturizing body milk. Texas individuals who used any of these products (or who had these products used on them while at the hospital) and who developed a B cepacia infection may have legal rights, including the right to file a lawsuit and seek compensation for any economic or non-economic injuries they may have experienced as a result of such infection.
Why is B. Cepacia Dangerous?
While healthy adults generally have nothing to fear from a B. cepacia infection, those whose immune systems have been compromised are at risk of serious illness – even death – from such an infection. Burkholderia cepacia is resistant to antibiotics so treatment of such an infection can be costly and lengthy.
The Burkholderia cepacia bacterium is not rare nor uncommon and infections from the bacteria can occur even in individuals who have not used contaminated products. In most cases involving healthy adults, these infections rarely cause any significant complications and the affected individual will recover. For individuals who have compromised immune systems, successfully battling an infection can be a much more serious ordeal. For these individuals, battling a B. cepacia infection can require multiple antibiotics and/or other treatment.
What Should I Do with Potentially-Contaminated but Unused or Partially-Used Product?
If you or a loved one have any products that are or have been the subject of a B. cepacia-related recall in your possession, you should discontinue the use of such product immediately. (If your doctor directed you to use such a product, speak with your doctor right away about using an alternate product before discontinuing use.) Speak with the product’s manufacturer and/or the Food and Drug Administration (FDA) to determine if the product in your possession has been the subject of a recall and, if so, how you can return the product. Before returning any product, make note of the product’s description and any identifying information (brand, size, batch or lot number, UPC or product code, etc.) as this can assist an attorney in determining your exact legal rights.
If you have been diagnosed with a B. cepacia infection or are exhibiting symptoms of an infection, speak with our attorneys right away. You may have legal rights, but these rights must be exercised within a limited amount of time. If you fail to take action within the time allotted by Texas law, you may be forever barred from obtaining any compensation at all for your injuries.
How Do I Know if I Have a Case?
The attorneys at Hastings Law Firm specialize in medical malpractice cases and are equipped to determine whether you may be able to bring forth a lawsuit and recover compensation. While each case is different and needs to be evaluated on its own unique set of facts, a lawsuit is more likely to be possible where:
- You take timely action to assert your rights: Waiting months – or even years – after you knew or should have known that your B. cepacia infection was caused by a contaminated product not only allows important evidence and/or witnesses to become lost, it also risks running afoul of the statute of limitations for filing these types of cases. If your case is filed outside the statute of limitations, you may be prevented from proceeding with your lawsuit no matter how serious your losses and/or clear the manufacturer’s liability.
- Medical records are clear as to the cause of your infection: Your chance of succeeding in a Texas B. cepacia lawsuit increases dramatically when you have medical records in your possession (or such records can be easily obtained) that establish a clear connection between a contaminated product and your B. cepacia infection. For example, if your medical records show that you were given Diocto Liquid to alleviate constipation while you were in the hospital and a few days later you were diagnosed with a B. Cepacia infection, you may have a strong legal claim for compensation.
- You followed the directions and instructions of any product recall of which you are aware (or of which you should reasonably be aware): Continuing to use potentially-contaminated products after you have received notification from the Food and Drug Administration, the manufacturer of the product, an informative website, or from any other similar source, you may jeopardize not only your health but also your ability to recover any compensation for your B. cepacia-related injuries at all.
Were You Infected With B. Cepacia? Call Our Firm Today!
While your Texas B. cepacia lawyer can recommend to you whether you ought to file a lawsuit and inform you of the potential for success, the decision as to whether to file a lawsuit is yours and yours alone. Making the decision to file your lawsuit sooner rather than later can potentially lead to a faster recovery.
How Long Do I Have to File a B. Cepacia Lawsuit?
In Texas, a two-year statute of limitations applies to B. cepacia-related injury lawsuits. This means that a lawsuit seeking compensation must be filed within two years of the date of your infection or the date you should have known that your B. cepacia infection was the result of a contaminated product. Failing to file a lawsuit within this window of time, or failing to take reasonable steps to uncover the cause of your B. cepacia infection, can lead to the dismissal of your B. cepacia lawsuit.
There are limited exceptions to this two-year rule, so you ought not conclude that you cannot file a B. cepacia lawsuit until a knowledgeable attorney has reviewed your situation in detail. Do not delay in taking this important initial step: Contact a Texas B. cepacia lawsuit attorney as soon as possible.
Burkholderia Cepacia Victims Need an Experienced Medical Malpractice Attorney
If you or someone you know experienced a B. cepacia infection and it is traceable to a product such as Diocto Liquid, antiseptic wipes, or other similar products, you may have the ability to file a lawsuit and seek compensation for any expenses and losses. You must take action quickly though. If you fail to initiate your lawsuit within the two-year statute of limitations, you may be forever prevented from seeking compensation for your expenses and losses. Furthermore, these types of cases are typically complex and require an expert legal and medical team to prove fault. Call the medical negligence experts at Hastings Law Firm today to discuss your potential case at 281-466-1396