Approximately 7 months after purchasing a new mattress and adjustable base ($4500+), I started having terrible lower back pain. Chiropractor didn't help. X-rays and MRIs, determined I had a herniated L4-L5 disc that required surgery to correct the numbness and weakness in my left leg. That surgery (7/2013) fixed the weakness but I still have numbness in my left foot. 6 months later, I start having the same symptoms in my right leg and MRI shows the same disc herniated and was irritating the nerve that runs my right leg. Had another microdiscectomy (1/2014) on the same disc to fix the numbness and weakness in the right leg. 2 years go by and back pain lands me in the hospital for 3 days. MRI and CT showed I have degenerative disc disease. Another surgery (2/2016) this time they removed the disc and fused the two vertebrae. I am 95+% sure the mattress caused these issues as it has a dip right at my butt/lower back. I contacted the store and they issued a credit to replace it without even sending someone to inspect it. How do I prove causation? I am still in a great deal of pain and have permanent numbness. I have lost wages. Do I have a good case again't mattress manufacturer?
You would need a medical expert to prove causation. However, it seems unlikely that the mattress caused you to need a microdiscectomy. You will be hard pressed to find an expert to show this. You are pushing the statute of limitations and need to file suit if you are going to pursue this.
You would need an expert to prove that the mattress caused your condition and it will be difficult to find one in my opinion.
This response does not constitute legal advice and does not create an attorney-client relationship. Legal problems and solutions depend on their unique facts. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be complete or adequate for your specific situation. Laws and regulations often differ from one jurisdiction to another. Mark E. Barbour practices in the State of Ohio.
Regardless of your certainty that the adjustable mattress/base caused your lower back pain and surgeries, many other factors would need to be reviewed before moving forward with a possible case against the mattress/base manufacturer. If you feel like moving forward with this, you should find a local personal injury attorney to get a consultation on doing just that. Good luck.
If 3 good lawyers say you don't have a case then you probably don't have a case. You may be in pain but can you convince a jury that the mattress was responsible? Can you find a doctor who will testify to this? Can you afford to pay the doctor for taking his or her time to testify?
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