Legal Question in Credit and Debt Law in California

I had been seeing an immunologist for my allergies & signed a piece of paper saying that I would be responsible for any unused serum since it was made on an individual basis. I stopped the shots & just received a substantial bill over a year later to pay for the "unused" serum. I called the office & they told me that they charge for shots I would have been receiving even though I stopped. The last visit I told the office that I would not be getting any more shots. They did not disclose any information to me. I also never received an individualized plan specifying how many shots I should be receiving or how much serum they were going to make. I think they are committing fraud. What can I do?


Asked on 10/19/10, 4:50 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Fraud is a rather harsh term which does not appear to apply here Sloppiness is a better discription as to both sides. You should have asked how many shots and how much serum they were going to produce. Was there any reason they produced it in the quantity they did and not smaller production. They should have told you how many shots they planned on giving you so you would have some idea as to the costs involved. They should not have waited a year to notify you. Perhaps they forgot to tell the lab not to make up any more of the medication.

You have to get at least some of the above questions answered and then negoiate with them as to how much you lshould pay. Can the serum be used for some other purpose? How long of a shelf life would it have? Was it actually made up, as if it was just that they thought you were going to use it you would at most only be liable for their profit lost.

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Answered on 10/24/10, 7:44 pm


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