I have swelling, itching, and burning literally all over my body (including my face). My underarms are oozing pus. I have gone to the emergency room and now have an appt with a dermatologist. This has been going on for 2 weeks now.
Short answer: you can always sue. Long answer: You won't always win. You should contact an attorney that practices personal injury/products liability to evaluate your claim. There are several theories under this tort and an attorney can best investigate your claim and evaluate whether you have a case.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
Mr. Wells is correct. Anybody can sue. Only a few win. The defendant has plenty of money to defend these types of cases. I used to practice in MD and can recommend local counsel to evaluate your claim. If you are interested contact me off line.
I have added a few more tags to your query to open up your question to attorneys who likely can help you. You must consult with a personal injury attorney as soon as possible because there are things you must do immediately to preserve the evidence of your case and to develop the evidence properly.
This is NOT legal advice, is GENERAL INFORMATION ONLY, does NOT establish Attorney/Client Relationship because you have not retained me and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is merely provided to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. A Consultation, Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.
Have a local defective product lawyer investigate. Companies will do a lot to protect their reputations, for example, I had a client use a beard coloring dye and it caused hypopigmentation to his face, and the CEO flew to my office and gave my client $200,000.00, as he didn't want the bad press of me taking this to trial.