Skip to main content

I have not been able to find an Attorney to take this seriously - I need to work on contingencey- My case is product liability.

Dana Point, CA |

I was diagnosed with cervico -facial- actinomyces a bone and flesh destroying infection. It was found in my cheek bone. I had in 1995 /96 Cheek implants that were placed by Dr. -- he also made the implants himself- I just recently found out. I had gone back to him with concerns about the implants. I had symptoms of Migraines , exhaustion, I could feel fluid under my cheek bone. He told me I was fine- he sent me away April of 2011 April of 2012
I had to have surgury to remove the cheek implants that had eroded and the right side pierced my cheek bone and sinus. The wounds the implants made brought about a rare and deadly infection. The infection will always be in my body now. I am being treated with high doses of antibiotics treatment 1 year. blood tests every month. MRI & CSCA

Attorney Answers 7


  1. If your question is, where can you can an attorney to take your case on contingency, then you can try searching for defective products/products liability attorneys using Avvo's "Find a Lawyer" tool. (You don't have to answer this, but have the attorneys you have consulted with, thus far, told you why they wouldn't take your case?) Best of luck to you.


  2. I think you are shopping in the wrong aisle. This matter calls for medical malpractice legal counsel.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. I added the malpractice tags to try to get you some more answers. Sounds like a complicated case with serious damages. Good luck


  4. As I read the facts, this would be a medical malpractice case, not really a defective products case. Are you contending that the surgery was botched which lead to the infection? You really need a malpractice attorney to review your medical records and evaluate your case. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  5. Please note you may have an issue of time to present a claim against your doctor. Generally the time limit or statute of limitations is one from the date of knowledge that something might be wrong. There are many exceptions. Please consult a medical malpractice attorney immediately.


  6. Oh god. Sorry to hear. I hope that you are some what better now in suppressing the infection.

    I think that the case could be both. I agree with most of the Attorney that is most likely medical malpractice but I can also see a defect in the implants. Maybe you can do a background history on that type of cheek implants (product) any studies showing that causes infection.

    You need to hurry and get an attorney asap because the statute of limitation for medical malpractice is 1 yr. (with minor exceptions, see code) and if it is product liability then it is 2 yrs.
    (note: Legal malpractice, 1 year from date of discovery, to a maximum of four years from the date of the wrongful act. Medical malpractice, 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first. If the medical malpractice action is based upon the presence of a foreign object found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older.)

    Yike! I don't understand why you are having trouble getting an attorney to help you. Were you able to talk to any? Did any turn down your case? Why? Did they give you good reasons why they are turning down your case? I'm sure there is an attorney in your local area to help you on contingency basis. I wish you the best! Goodluck!

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)


  7. I’m sorry to hear about this, and you need a medical malpractice lawyer to investigate. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases (Cerebral Palsy), failure to diagnose cancer cases, and wrong site surgery cases.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics