I sustained a serious injury using a breathing exercise device called Powerlung. How can I file a claim for product liability?

Asked 10 months ago - San Diego, CA

I am currently an undergraduate student at UCSD. On 6/19/2011, after using a breathing exercise device called Powerlung, I sustained a serious injury (tore muscles that are used for breathing - diaphragm, abdominal, intercostal). The pain was so severe that I spent every day lying down, moving as little as possible to minimize pain. Prior to using the device, I led a very active lifestyle; I swam, ran, and surfed often. I used Powerlung to supplement my aerobic exercise to get in better shape, but the product ended up ruining my life.
What is my option at this time? The statute limitation ends in 7 days; I have spent past two years suffering greatly and my injury has not healed. The injury is putting a great financial and emotional strain upon my family.

Additional information

Thank you for your advice, everyone. I have consulted with a lawyer, and I'm currently waiting for his answer.
I hope that my case will be possible

Attorney answers (8)

  1. Andrew Daniel Myers

    Contributor Level 20

    10

    Lawyers agree

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    Answered . Many more facts would be required to determine the viability of a products liability claim but link one below summarizes products liability basics.

    Go with the California attorneys on the statute of limitations problem. Statutes vary from state to state. Link two below addresses the policy behind such statutes.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  2. Marc Lazarus

    Contributor Level 14

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    Answered . Get your medical records together, get your prior correspondence together, and get the product and meet with a personal injury attorney immediately. There are many personal injury attorneys here on AVVO who handle product liability cases who you can contact. You can also call our offices to discuss your potential claim. Whatever you do, you need to take steps now to protect the statute of limitations before it expires if you want to be able to pursue the claim.

    Marc Lazarus
    www.russellandlazarus.com
    (800)268-9228

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Not sure why you waited so long, but you had better file before the deadline.

  4. David Ian Schoen

    Contributor Level 20

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    Answered . The answer is obvious. Go see a personal injury attorney TODAY!

  5. David Phillip Beeson

    Contributor Level 10

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    1

    Answered . When the statute of limitations expires you will never be able to seek legal recourse for your injuries. You must immediately address filing the law suit against the appropriate defendants and name adequate Doe defendants so that later discovered entities may be brought into the law suit.

    The responses here are not intended as legal advice. Do not rely upon the responses herein. Consult an attorney... more
  6. Richard Andrew Harting

    Pro

    Contributor Level 17

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    Answered . You need to get a lawsuit on file by June 19th. Try to meet with an attorney that will atleast help you get a complaint prepared.

  7. Farid Yaghoubtil

    Contributor Level 11

    6

    Lawyers agree

    Answered . Find a product liability attorney ASAP. Once the statute has run, you will probably be out of options. Best of luck to you.

    Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.
  8. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . THere are some very good attorneys in San Diego. Search on Avvo.com and get advice right now. Hurry. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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