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lizmarie1975
Oops! Mom sues pharmaceutical firm for cost of raising daughter after mislabeled birth control pills
February 20, 2013 at 12:03 PM



A single mom is suing a pharmaceutical firm for the cost of raising her daughter after a packaging error allowed her to become pregnant.

Shanta Russell, 33, is demanding compensation from Qualitest Pharmaceuticals after the firm admitted her birth control pills had been put in the wrong order in the blister pack.

Placebo pills, to be taken when a woman has her period, were placed in the packs where active pills should have been.

This rendered Russell's contraceptives, which she had been taking for more than 12 years, ineffective.

The Kansas City native found out she was pregnant in June 2011.

Three months later she received a letter from Qualitest informing her of the mix-up.

She gave birth to her baby girl in early 2012, and filed the lawsuit in Jackson County Circuit Court on Feb. 6.

Qualitest's parent firm and the company that packaged the drugs are also being sued.

The Kansas City Star reports Russell, a self-confessed workaholic, had not intended to become pregnant so soon as she was working two jobs.

"I was devastated," Russell told The Star.

"I questioned myself. After all these years, how could this happen? Then I received a letter in the mail. Of course I was angry. There was nothing I did that was a mistake."

But she also revealed that she "adored" her little girl, saying that she now "can't live without her"

Endo Pharmaceuticals, Qualitest's parent company, has refused to comment on the case.

It is also facing similar lawsuits from women in California, Tennessee, Texas and Georgia.


Replies

  • Momniscient
    February 21, 2013 at 1:03 AM
    I agree but I don't think for the entire cost of raising a child...

    Quoting Euphoric:

     Yep, this.


    Quoting LauraKW:

    Good, I hope she / they win. Just because she is happy with the result of the error doesn't mean there was no error and this company should be held accountable.

     

  • Traci_Momof2
    February 21, 2013 at 9:27 AM

     I think you may have read that wrong in an earlier response.  A woman does not need permission from the man to terminate her pregnancy.  However, in most states I believe, she does need the father's permission if she is going to give the baby up for adoption.

    That leads to a good question though.  The article doesn't say a thing about the father.  Is he in the picture?  Is he paying his share of child support?


    Quoting Naturewoman4:

     Also, I didn't know that if a woman wants to terminate her pregnancy that she had to have the father's permission?   

     

     


     

  • Traci_Momof2
    February 21, 2013 at 9:35 AM

     You didn't miss anything.  The article doesn't say anything about color.  I myself have little experience with bcp's.  I was only on them once very temporarily and in fact for my situation the doctor said to just skip the placebos and just keep taking the active pills.  But each time I got my pack, the active's were one color and the placebo's were another.  I just assumed all of them were that way until I read other responses in this thread.

    I guess whether or not it would be reasonable that she would've noticed would depend on how her pills were color coded and what specifically the error was.


    Quoting LauraKW:

     This article doesn't say specifically which brand she was taking.  How do we know the regular pills and placebo pills weren't all the same color?  Did I miss where it said anything about the color or lack thereof?  I have been extremely busy - and productive! - today.

    Quoting Traci_Momof2:

     Couldn't the 12 years be used against her too though?  Saying that since she had been taking them for 12 years, she should've known by then which color was the active pills and which color was the placebo pills.  Therefore, she should've easily recognized the mistake upon opening the package, before ever taking even one pill from it.

     

    Quoting LauraKW:

    I believe the fact that she had taken their product effectively for 12 years will strengthen her case, but it will likely come down to what a jury believes.

    Quoting adulation:

    on one hand I see how they can be held responsible, yet on the other hand what if she had become pregnant with the pills in the right spots? like if she had not taken them at  the same time every day or had forgotten to take one of them, or one of the many mistakes we can make that can lesson the effects of our pills which we all know are NOT 100% effective?!

    I guess she got lucky that they made a mistake,.


     

     

     


     

  • Traci_Momof2
    February 21, 2013 at 9:37 AM

     Apples and doorknobs


    Quoting lucky2785:

    So then the same would apply for a man, if he doesn't pull out and she gets pregnant should he not be held responsible for child support because she chose not to abort?


    Quoting talia-mom:

    It isn't ridiculous.   She chose to stay pregnant when she could have aborted.   She chose to stay a mom when she could have given the child up for adoption.

    I am sure her child is going to be so happy later to learn mommy doesn't want to have to pay to raise her because well....even though I chose to have you, others should pay for you because I don't really want a kid.

     

    They screwed up.  They should pay for the pregnancy costs.   No one forced this woman to stay a mom, so no they aren't and should never be responsible for her choices.

     


     



     

  • Traci_Momof2
    February 21, 2013 at 9:38 AM

     This is my position as well.  The company does need to be held liable because they did screw up - but certainly not for the cost of raising the child.


    Quoting Momniscient:

    I agree but I don't think for the entire cost of raising a child...

    Quoting Euphoric:

     Yep, this.


    Quoting LauraKW:

    Good, I hope she / they win. Just because she is happy with the result of the error doesn't mean there was no error and this company should be held accountable.

     


     

  • lucky2785
    February 21, 2013 at 9:28 PM
    How so? The company's negligence+her having sex = pregnancy= baby. Imo they should be responsible for 1/3 of medical cost of pregnancy +1/3 of cosy to raise child. Somewhere I read average cost of child birth to 18 years for a middle income family is 235,000....so imo the company should be responsible for 1/3 of that.


    Quoting Traci_Momof2:

     Apples and doorknobs




    Quoting lucky2785:

    So then the same would apply for a man, if he doesn't pull out and she gets pregnant should he not be held responsible for child support because she chose not to abort?



    Quoting talia-mom:


    It isn't ridiculous.   She chose to stay pregnant when she could have aborted.   She chose to stay a mom when she could have given the child up for adoption.


    I am sure her child is going to be so happy later to learn mommy doesn't want to have to pay to raise her because well....even though I chose to have you, others should pay for you because I don't really want a kid.


     


    They screwed up.  They should pay for the pregnancy costs.   No one forced this woman to stay a mom, so no they aren't and should never be responsible for her choices.


     



     





     


  • Traci_Momof2
    February 22, 2013 at 11:59 AM

     Comparing the company's negligence to a man not pulling out is comparing two entirely different things.  Pulling out isn't even a real form of birth control to start with.  Not to mention that regardless of bc or lack therof, the man and the woman who made the baby are both responsible for the support of that baby upon it's birth.

    That's very different from a pharmaceutical company messing up a batch of pills and likely causing a pregnancy.  The company should pay for 100% of her pregnancy and birth expense, but 0% of the cost to raise the child.


    Quoting lucky2785:

    How so? The company's negligence+her having sex = pregnancy= baby. Imo they should be responsible for 1/3 of medical cost of pregnancy +1/3 of cosy to raise child. Somewhere I read average cost of child birth to 18 years for a middle income family is 235,000....so imo the company should be responsible for 1/3 of that.


    Quoting Traci_Momof2:

     Apples and doorknobs


     


    Quoting lucky2785:

    So then the same would apply for a man, if he doesn't pull out and she gets pregnant should he not be held responsible for child support because she chose not to abort?



    Quoting talia-mom:


    It isn't ridiculous.   She chose to stay pregnant when she could have aborted.   She chose to stay a mom when she could have given the child up for adoption.


    I am sure her child is going to be so happy later to learn mommy doesn't want to have to pay to raise her because well....even though I chose to have you, others should pay for you because I don't really want a kid.


     


    They screwed up.  They should pay for the pregnancy costs.   No one forced this woman to stay a mom, so no they aren't and should never be responsible for her choices.


     



     



     


     



     

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