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Oops! Mom sues pharmaceutical firm for cost of raising daughter after mislabeled birth control pills

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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.


by on Feb. 20, 2013 at 12:03 PM
Replies (31-40):
pansyprincess
by Silver Member on Feb. 20, 2013 at 1:36 PM

and actually, her having sex enabled her to get pregnant.  This pills didn't "enable" ... they just didn't prevent.

I get that she deserves some sort of compensation ... but money to raise her kid ?  looking for a payout. 


Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.


Quoting pansyprincess:

Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 



 

pansyprincess
by Silver Member on Feb. 20, 2013 at 1:37 PM

 Well well well.  Here's a first.  I agree with you.


Quoting talia-mom:

They should pay for the cost of pregnancy.  maybe.

 

She is the one choosing to raise the child.  They aren't responsible for that choice,.   That isn't something forced on her.   She made the conscious decision to do that.

 

Quoting catrig:

Company's fault. They should pay.


Quoting talia-mom:

No one made her carry the child to term or decide to raise it.

 


Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.





Quoting pansyprincess:

Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 



 


 


 

 


 

catrig
by Member on Feb. 20, 2013 at 1:37 PM
They are responsible for the failure of her birth control. Maybe they will do a better job of quality control.


Quoting talia-mom:

They should pay for the cost of pregnancy.  maybe.


She is the one choosing to raise the child.  They aren't responsible for that choice,.   That isn't something forced on her.   She made the conscious decision to do that.



Quoting catrig:

Company's fault. They should pay.





Quoting talia-mom:

No one made her carry the child to term or decide to raise it.




Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.








Quoting pansyprincess:

Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 














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colins_mom
by Silver Member on Feb. 20, 2013 at 1:37 PM
When i was on the pill all mine looked the same.

Quoting steelcage:

So.......she couldn't of looked at the pills and seen they were the wrong kind? I'm missing something here.

Posted on the NEW CafeMom Mobile
talia-mom
by Gold Member on Feb. 20, 2013 at 1:38 PM

Actually, having sex made her responsible as well.

I said they should pay for the pregnancy.   But she is choosing to raise this child.   She doesn't deserve a damn thing for that and I hope she has to court costs for the people she is suing.


Quoting catrig:

They are responsible for the failure of her birth control. Maybe they will do a better job of quality control.


Quoting talia-mom:

They should pay for the cost of pregnancy.  maybe.


She is the one choosing to raise the child.  They aren't responsible for that choice,.   That isn't something forced on her.   She made the conscious decision to do that.



Quoting catrig:

Company's fault. They should pay.





Quoting talia-mom:

No one made her carry the child to term or decide to raise it.




Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.








Quoting pansyprincess:

Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 
















catrig
by Member on Feb. 20, 2013 at 1:39 PM
They should a faulty product. They should pay. This would have been avoidable if the checked their products.


Quoting pansyprincess:

and actually, her having sex enabled her to get pregnant.  This pills didn't "enable" ... they just didn't prevent.


I get that she deserves some sort of compensation ... but money to raise her kid ?  looking for a payout. 




Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.



Quoting pansyprincess:


Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 





 


Posted on CafeMom Mobile
pansyprincess
by Silver Member on Feb. 20, 2013 at 1:40 PM

 yup ... and she should get *something*.  But she didn't HAVE to have the baby.  She doesn't have to KEEP the baby.  So as Talia-mom said, they can pay for the pregnancy.  Anything after that is on her.


Quoting catrig:

They should a faulty product. They should pay. This would have been avoidable if the checked their products.


Quoting pansyprincess:

and actually, her having sex enabled her to get pregnant.  This pills didn't "enable" ... they just didn't prevent.


I get that she deserves some sort of compensation ... but money to raise her kid ?  looking for a payout. 


 


Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.



Quoting pansyprincess:


Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 



 


 



 

catrig
by Member on Feb. 20, 2013 at 1:40 PM
No reason to hold the company responsible......


Quoting talia-mom:

Actually, having sex made her responsible as well.

I said they should pay for the pregnancy.   But she is choosing to raise this child.   She doesn't deserve a damn thing for that and I hope she has to court costs for the people she is suing.



Quoting catrig:

They are responsible for the failure of her birth control. Maybe they will do a better job of quality control.





Quoting talia-mom:

They should pay for the cost of pregnancy.  maybe.


She is the one choosing to raise the child.  They aren't responsible for that choice,.   That isn't something forced on her.   She made the conscious decision to do that.




Quoting catrig:

Company's fault. They should pay.








Quoting talia-mom:

No one made her carry the child to term or decide to raise it.





Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.











Quoting pansyprincess:

Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 























Posted on CafeMom Mobile
talia-mom
by Gold Member on Feb. 20, 2013 at 1:40 PM

her paying for the kid also would be avoided if she aborted or gave it up for adoption.


Quoting catrig:

They should a faulty product. They should pay. This would have been avoidable if the checked their products.


Quoting pansyprincess:

and actually, her having sex enabled her to get pregnant.  This pills didn't "enable" ... they just didn't prevent.


I get that she deserves some sort of compensation ... but money to raise her kid ?  looking for a payout. 




Quoting catrig:

No, but their mistake enabled her to get pregnant. She was taking them as directed.



Quoting pansyprincess:


Ridiculous.  Fine if they want to give her some sort of compensation ... but the cost of raising her daughter?  No one said she had to have it. 









mikiemom
by Ruby Member on Feb. 20, 2013 at 1:41 PM

 

Below in red is why they are liable. Unfortunately companies in our society won't do the right thing unless forced to.

Gotta love all the Anti-choice ladies dogging this woman for wanting the company that screwed up to do the right thing - weirdness.

Quoting AdrianneHill:

I hope she wins. They screwed up big time and as a pharma company, they shouldn't make those kind of mistakes. People roll their eyes and say she shouldn't sue because she got a baby out of it but the company needs to pay attention to its drugs. BC pills aren't the only ones that go in blister packs and they are lucky no one died.

Also I've seen some BC pills that have six different colors with the pills switching colors every fifth day, hard to decide which color should be there on that day and caveat emptor isn't really fair on this kind of screw up


 

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