Published by Free Confidential Nasal Spray Lawsuit Evaluation: If you or a loved one had a life-threatening infection, illness, or another serious injury after using CVS Health 12 Hour Sinus Relief Nasal Mist, you should contact our law firm immediately for a free review. You may be entitled to financial compensation by filing a nasal spray lawsuit against Product Quest and our lawyers can help.
Consumers who have used CVS 12-Hour Sinus Relief Nasal Mist (Lot# 173089J) may face serious health risks due to potential contamination with Pseudomonas aeruginosa, a bacterium capable of causing severe, life-threatening infections.
The U.S. Food and Drug Administration (FDA) has issued an urgent recall, warning that prolonged use of this contaminated product could lead to bacterial colonization and infections, particularly in individuals with weakened immune systems, chronic respiratory conditions, or cystic fibrosis.
With nearly 17,000 units distributed nationwide, it is crucial to stop using the product immediately. Learn how to protect your health, return the affected product, and seek further guidance from Product Quest Manufacturing at (386)-239-8787. Acting now can help prevent dangerous health complications tied to this recall.
Table Of Contents
What’s the Problem?
Product Quest Manufacturing LLC, the Florida-based company that manufactures CVS brand products, issued the recall after routine testing identified the presence of Pseudomonas aeruginosa in the white nasal spray bottle, according to the U.S. Centers for Disease Control and Prevention (CDC) [1].
Pseudomonas aeruginosa is a gram negative pathogen that can potentially lead to cystic fibrosis and other life-threatening infections in certain patient populations. People with cystic fibrosis and immune deficiencies are at the greatest risk of injury, CDC said.
Pseudomonas Infection Symptoms
Pseudomonas aeruginosa infections can present with a wide range of symptoms, from mild discomfort to life-threatening complications.
Timely recognition of these symptoms is critical, especially for individuals with pre-existing health conditions.
In the following section, we explore the symptoms categorized by severity, how they progress over time, factors that increase vulnerability, and when to seek medical care.
Symptom Categories Based on Severity
Symptoms of Pseudomonas infections vary in intensity. Early identification of mild symptoms can prevent progression to more severe stages.
Mild Symptoms
- Low-grade fever
- General body aches and slight fatigue
- Occasional cough or minor respiratory discomfort
Moderate Symptoms
- Persistent fever and chills
- Noticeable fatigue and muscle aches
- Shortness of breath or wheezing
- Nausea, vomiting, or localized skin irritation (e.g., redness or swelling)
Severe Symptoms
- High fever (above 101°F)
- Severe respiratory distress (e.g., rapid breathing or cyanosis)
- Confusion, disorientation, or lethargy
- Rapid heart rate and signs of shock (e.g., fainting or extreme weakness)
- Severe abdominal pain or continuous vomiting and diarrhea
Who Is at Greater Risk?
Certain groups face higher risks of developing severe complications from Pseudomonas infections. Recognizing these risk factors is essential for targeted care:
- Weakened Immune Systems: Individuals with HIV/AIDS, cancer, or those taking immunosuppressive medications.
- Chronic Lung Conditions: Patients with conditions like cystic fibrosis or COPD are more vulnerable to respiratory infections.
- Diabetes: Diabetics may experience delayed healing and a heightened risk of systemic infections.
- Surgical or Open Wound Patients: Recent surgery or open wounds increase susceptibility to bacterial colonization.
Early detection and prompt intervention are essential for managing Pseudomonas infections effectively. Whether symptoms are mild or severe, understanding their progression and knowing when to seek care can significantly improve outcomes, especially for individuals in high-risk groups.
FDA Recommendation on CVS Brand Nasal Spray
Consumers who purchased CVS Health 12 Hour Sinus Relief Nasal Mist affected by the recall should discard it immediately or return it to any CVS location for a refund.
If you have additional questions about the recall, you should contact Product Quest Monday through Friday, 8 a.m. to 4 p.m. Anyone concerned about a bacterial infection should consult their physician immediately.
What are CVS Nasal Spray Recall Lawsuits Alleging?
If you have suffered an infection or financial loss after using CVS 12-Hour Sinus Relief Nasal Mist, you may be eligible to pursue legal action against the manufacturer. Understanding your legal rights and options is critical to seeking compensation for your injuries.
When Can You File a Claim?
Injured consumers have grounds to sue a drug manufacturer when they can prove that a product defect caused their injury. If you used CVS 12-Hour Nasal Spray Mist and developed an infection linked to Pseudomonas aeruginosa, you may file a lawsuit for damages.
However, causation is key: you must demonstrate a direct link between the defective product and your injury for a valid claim. Without proving causation, the manufacturer cannot be held liable for your losses.
Types of Claims You Can File
- Product Liability Claims: These focus on defects in design, manufacturing, or labeling:
- Manufacturing Defect: Contamination with Pseudomonas aeruginosa falls under this category.
- Design Defect: If the product’s design inherently made it unsafe for use.
- Inadequate Warnings: Claims that the manufacturer failed to warn consumers of potential risks.
- Negligence Claims: Plaintiffs may allege that CVS or its manufacturer, Product Quest Manufacturing, failed to exercise reasonable care in ensuring product safety and quality, leading to consumer harm.
- Breach of Warranty: If the product failed to meet the implied warranty of merchantability—that it was fit for ordinary use—this can form the basis for a claim.
- Failure to Warn: If the product packaging or labeling lacked adequate warnings about the risk of contamination, the manufacturer could be held liable for failing to inform consumers of potential dangers.
What Damages Can You Recover?
If your claim is successful, you may be entitled to recover damages for:
- Medical Expenses: Costs for treating infections or complications caused by the defective product.
- Lost Wages: Compensation for time missed from work due to illness or recovery.
- Pain and Suffering: Non-economic damages for physical and emotional distress.
- Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the manufacturer and deter future misconduct.
Statute of Limitations: Don’t Miss the Deadline
The time limit to file a product liability claim varies by state, typically ranging from 1 to 6 years. Factors to consider:
- Discovery Rule: Many states start the clock when you discover (or should have discovered) the injury and its cause.
- State-Specific Laws: Consult an attorney to ensure you file within the appropriate time frame in your jurisdiction.
Key Evidence to Gather
To strengthen your claim, you should collect the following evidence:
- Medical Records: Include documentation of symptoms, diagnoses, treatments, and related costs.
- Product Packaging: Retain the original product container, labels, and any accompanying instructions.
- Proof of Purchase: Receipts or bank statements showing you purchased the affected product.
- Expert Testimony: Medical or product safety experts can testify about the connection between the contamination and your injury.
- Witness Statements: Testimonies from healthcare providers or other consumers who experienced similar issues.
If you believe you have grounds for a claim, contact a qualified attorney to evaluate your case. Schmidt & Clark, LLP, specializes in product liability cases and can help you determine the best course of action. Call today to learn more about your rights and take the first step toward seeking justice.
Can I File a Lawsuit Against CVS Health?
Only a qualified lawyer can determine whether you are eligible to file a lawsuit against Product Quest Manufacturing, the maker of CVS nasal spray, which is why we are currently offering free case evaluations. Simply fill out the confidential evaluation form below to contact our law firm now.
Most cases involving pharmaceuticals or over-the-counter medications allege that a drug was sold with design, manufacturing, and/or marketing defects, which typically refers to a company’s failure to warn of a certain side effect.
In the case of CVS nasal spray, our lawyers suspect that patients may be able to take legal action in light of claims that Product Quest failed to adequately warn doctors and patients about the risk of bacterial contamination.
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Why You Need a Qualified Lawyer?
Defective drug cases are among the most complex types of lawsuits, requiring a combination of legal skill and specialized knowledge.
Success in these cases often hinges on the involvement of expert witnesses to clarify technical details and establish connections between the manufacturing defect and your injury.
Key Roles of Expert Witnesses
- Identifying Manufacturing Defects: Experts illustrate to the fact finder (e.g., judge or jury) how and why the manufacturing process was faulty.
- Explaining the Impact: Witnesses also educate the fact finder on how the injury or illness affects you and your family both now and in the future.
- Proving Causation: An expert must make the critical connection between your injury or illness and the manufacturer’s failure in production. Without this link, a claim cannot succeed.
Why Hiring an Attorney Matters
Going through a defective drug case without an attorney can be costly in the long run. Consider these points:
- Higher Compensation: Studies show that individuals with attorneys win, on average, 35% more than those who represent themselves.
- Defense Tactics: Insurance companies and their attorneys are skilled at minimizing payouts. They often present settlement offers that appear fair but are far below the actual value of your claim.
Having an experienced attorney ensures that your rights are protected and that you don’t accept an undervalued settlement.
Contingency Fees: Risk-Free Representation
We work on a contingency fee basis, meaning:
- No Upfront Costs: You don’t pay anything out of pocket.
- Payment Only Upon Success: Our fee is deducted only if we win your case.
- Litigation Costs Covered: Any litigation expenses advanced on your behalf are also deducted from your recovery, so you never have to worry about additional costs.
With a nationally recognized law firm on your side, you can expect diligent and compassionate representation. From start to finish, we handle every aspect of your case, so you can focus on your recovery while we fight to secure the compensation you deserve.
Contact us today to speak to experienced defective pharmaceuticals attorneys to learn more about your legal rights.
FAQs
1. How Can Consumers Return or Get a Refund for the Recalled CVS Nasal Spray?
Consumers should contact CVS customer service or visit their store for instructions on returning recalled nasal spray products. Refunds or replacements are typically provided once the return is processed.
2. Are There Any Reported Cases of Adverse Effects Linked to the Recalled CVS Nasal Spray?
Yes, some users have reported adverse effects linked to the recalled CVS nasal spray. Symptoms include irritation or allergic reactions. Consumers experiencing these should consult a healthcare provider immediately.
3. What Steps Is CVS Taking to Prevent Future Recalls of Their Products?
CVS is enhancing product quality controls, reviewing manufacturing processes, and increasing safety checks to prevent future recalls. They are also working closely with regulators to ensure compliance and product safety.
Get a Free CVS Nasal Spray Recall Lawsuit Evaluation With Our Lawyers
The Pharmaceutical Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs and their family members in CVS nasal spray lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases on behalf of innocent people in all 50 states.
Free Case Review: If you or a loved one had an infection, illness, or another serious injury after using CVS nasal spray or nasal decongestant, you should contact our law firm immediately about your legal rights. You may be entitled to compensation by filing a nasal spray lawsuit against the manufacturer and our lawyers can help.
To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: