Personal Injury Claims from Allergic Reactions
In 2021, nearly one-third of the U.S. population suffered from seasonal allergies, eczema, or food allergies. Allergic reactions can present with varying symptoms, including hives, a runny nose, chest tightness, vomiting, diarrhea, or anaphylaxis. Often, allergic reactions are preventable when certain precautions are put in place.
At HGSK Injury Lawyers, our Harrisburg personal injury lawyers know the inconvenience that an allergic reaction can have on your life. In some cases, you may experience life-threatening symptoms, requiring hospitalization. If you or someone you love has recently experienced an allergic reaction due to another party’s oversight, our legal team would like to speak with you.
Common Allergens
An allergic reaction occurs when your immune system is triggered by a seemingly harmless substance. An allergic reaction can occur when you consume, touch, or inhale a substance that your body perceives as dangerous. While there are various types of allergens, common ones include:
- Dairy
- Wheat
- Tree nuts
- Milk
- Eggs
- Shellfish
- Sesame
- Dust mites
- Vaccines
- Prescription drugs
Failure to Warn Claims in Harrisburg, PA
Parents and guardians rely on a brand’s advertising in making food purchasing choices for their children. The U.S. Food and Drug Administration requires manufacturers to properly label when a food contains a major allergen. For example, if a product contains tree nuts and the manufacturing company does not properly label the product, the manufacturer may be held liable if you suffer harm.
Successful recovery will depend on you showing that the manufacturer owed a duty to inform you of adverse side effects, that the company was aware that the product could result in certain side effects, and that the manufacturer’s failure to warn caused you harm. Under 42 Pa.C.S. §5524, you have two years to file a suit following the date of your injury. If you or a family member has suffered an allergic reaction, you may be able to take legal action if your injuries were a result of a party’s failure to warn.
False Advertising
Failing to warn consumers of potential side effects is a form of false advertising. In recent months, YumEarth has come under scrutiny for changing its product labeling for certain items to reflect the use of gluten-free wheat starch during production. The labeling now reads “Contains Wheat” for these products in question. Previously, the company had marketed its products as being “Free from Top 9 Allergens,” including gluten, peanuts, tree nuts, soy, eggs, fish, dairy products, shellfish, and sesame. While the final products still contain no wheat, the labeling change has caused families to question whether they can trust YumEarth’s representations.
Allergic Reaction Claims in Harrisburg, PA
Medication allergies can range in scope from minor to severe. Common side effects include dry mouth, fatigue, nausea, and dizziness, with some prescriptions having the potential to cause anaphylaxis and heart palpitations. If you have experienced an adverse reaction to a medication, it is important that you let your doctor know. Your doctor is responsible for informing you of the potential side effects of new medications. If your physician overlooks a previous allergy, he or she may be held legally accountable if you suffer harm.
Speak with Our Harrisburg Personal Injury Attorneys Today
If you have been harmed due to someone else’s negligence, you deserve to be compensated for any physical, emotional, and financial harm you have suffered. At HGSK Injury Lawyers, our Harrisburg personal injury lawyers have assisted over 26,000 personal injury victims and are ready to help you. To arrange your free consultation, contact us online or by calling (267) 551-8782 today.