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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 (61-70):
talia-mom
by Gold Member on Feb. 20, 2013 at 2:08 PM

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.


Quoting mikiemom:

 Rediculous - you can't say because she didn't choose to abort that the company was not negligent. The company was negligent they should be on the hook for support.


Quoting talia-mom:

Well, if they forced her to get pregnant and carry a child to term and raise the child, you might have a point.

Everythign from the moment she discovered she was pregnant was her choice.   She chose everything from then on.   They aren't responsible for her choices.


Quoting mikiemom:


I'm pro-choice I don't think women can be forced into either choice - the company needs to support the child period.

Quoting talia-mom:

No one forced her to raise the child.   No one.

She made the choice to keep and raise the child.

Maybe making them pay for pregnancy bills or abortion bills is fine.  But she made a choice to raise the child.   They aren't responsible for that choice.


Quoting mikiemom:

 How could she not win, this was clearly an error on the companies part.


Quoting mlg1989:

Uh....seriously?
She can't possibly win..













Traci_Momof2
by Silver Member on Feb. 20, 2013 at 2:09 PM

 You don't know that.  They could've put the pills in the right place and she could've taken them just like she always did and she could've STILL gotten pregnant.  Even when everything is done correctly, the pill cannot prevent pregnancy 100% of the time.

So if she wins, now what?  Every single woman who has ever had a bc pill baby can get a payout from their pharmaceutical company?  THAT would be ridiculous.

I could maybe agree with the company being forced to pay for her medical bills during pregnancy.  But to pay the cost of raising the child????  HELL NO!  That was still her choice no matter what way you spin it.


Quoting catrig:

That's ridiculous. If they did there job in the first place she wouldn't be pregnant. She ended up in this situation due to them.


Quoting talia-mom:

 

Nope.  No reason to hold the company responsible for her raising this child.  That was her choice.

 


 



 

catrig
by Member on Feb. 20, 2013 at 2:10 PM
I'm pretty confident. Regardless it was company error.


Quoting Traci_Momof2:

 You don't know that.  They could've put the pills in the right place and she could've taken them just like she always did and she could've STILL gotten pregnant.  Even when everything is done correctly, the pill cannot prevent pregnancy 100% of the time.


So if she wins, now what?  Every single woman who has ever had a bc pill baby can get a payout from their pharmaceutical company?  THAT would be ridiculous.


I could maybe agree with the company being forced to pay for her medical bills during pregnancy.  But to pay the cost of raising the child????  HELL NO!  That was still her choice no matter what way you spin it.




Quoting catrig:

That's ridiculous. If they did there job in the first place she wouldn't be pregnant. She ended up in this situation due to them.



Quoting talia-mom:


 


Nope.  No reason to hold the company responsible for her raising this child.  That was her choice.


 



 





 


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lilbit53009
by on Feb. 20, 2013 at 2:16 PM

not everyone is ok with just going out to get an abortion. (i'm VERY pro choice too...but i'm just throwing that out there)

Quoting pansyprincess:

 Fine ... so she was sue happy and decided to sue.  Cause she has a child she obviously wanted.  Cause if she didn't want her, she could have had an abortion for $300.  But I guess she didn't feel like that was enough money to ask for?  Now she wants someone else to pay for her raising her child?  It's all crap.



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. 





Traci_Momof2
by Silver Member on Feb. 20, 2013 at 2:18 PM

 It was company error that contributed to the pregnancy.  (Note:  contributed, not caused).  Company error had nothing to do with her raising her daughter.


Quoting catrig:

I'm pretty confident. Regardless it was company error.


Quoting Traci_Momof2:

 You don't know that.  They could've put the pills in the right place and she could've taken them just like she always did and she could've STILL gotten pregnant.  Even when everything is done correctly, the pill cannot prevent pregnancy 100% of the time.


So if she wins, now what?  Every single woman who has ever had a bc pill baby can get a payout from their pharmaceutical company?  THAT would be ridiculous.


I could maybe agree with the company being forced to pay for her medical bills during pregnancy.  But to pay the cost of raising the child????  HELL NO!  That was still her choice no matter what way you spin it.


 


Quoting catrig:

That's ridiculous. If they did there job in the first place she wouldn't be pregnant. She ended up in this situation due to them.



Quoting talia-mom:


 


Nope.  No reason to hold the company responsible for her raising this child.  That was her choice.


 



 



 


 



 

mlg1989
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Watashi wa anata o aishite Mugiwara Kaizokuban <3
Yesterday at 11:49 PM
by Bronze Member on Feb. 20, 2013 at 2:20 PM
How would she possibly know 100% it was their fault? Maybe it was just coincidence? They tell you to use two forms of BC to effectively prevent pregnancy. I'm not saying it is or isn't their fault but how can the court be sure it wasn't user error or the 1% that fails? I just don't see how she could win. :/


Quoting mikiemom:

 How could she not win, this was clearly an error on the companies part.




Quoting mlg1989:

Uh....seriously?
She can't possibly win..



 


Posted on the NEW CafeMom Mobile
catrig
by Member on Feb. 20, 2013 at 2:20 PM
They will think twice before skimping on the quality control.


Quoting Traci_Momof2:

 It was company error that contributed to the pregnancy.  (Note:  contributed, not caused).  Company error had nothing to do with her raising her daughter.




Quoting catrig:

I'm pretty confident. Regardless it was company error.



Quoting Traci_Momof2:


 You don't know that.  They could've put the pills in the right place and she could've taken them just like she always did and she could've STILL gotten pregnant.  Even when everything is done correctly, the pill cannot prevent pregnancy 100% of the time.



So if she wins, now what?  Every single woman who has ever had a bc pill baby can get a payout from their pharmaceutical company?  THAT would be ridiculous.



I could maybe agree with the company being forced to pay for her medical bills during pregnancy.  But to pay the cost of raising the child????  HELL NO!  That was still her choice no matter what way you spin it.



 



Quoting catrig:

That's ridiculous. If they did there job in the first place she wouldn't be pregnant. She ended up in this situation due to them.




Quoting talia-mom:



 



Nope.  No reason to hold the company responsible for her raising this child.  That was her choice.



 




 




 



 





 


Posted on CafeMom Mobile
mlg1989
Report
Watashi wa anata o aishite Mugiwara Kaizokuban <3
Yesterday at 11:49 PM
by Bronze Member on Feb. 20, 2013 at 2:21 PM
Also if she didn't want the pregnancy then there were other opinions. She didn't HAVE to raise the child or even continued with the pregnancy.
Posted on the NEW CafeMom Mobile
Traci_Momof2
by Silver Member on Feb. 20, 2013 at 2:22 PM

 The thing is, when it comes to legal obligation, individual morals have little to do with it.  Her views on abortion do not change the fact that abortion was a legal option for her.

If I was the company, I would say "Ok, here's the $300 it would've cost you to end the pregnancy that our screw up caused.  The rest was your decision so your financial obligation."


Quoting lilbit53009:

not everyone is ok with just going out to get an abortion. (i'm VERY pro choice too...but i'm just throwing that out there)

Quoting pansyprincess:

 Fine ... so she was sue happy and decided to sue.  Cause she has a child she obviously wanted.  Cause if she didn't want her, she could have had an abortion for $300.  But I guess she didn't feel like that was enough money to ask for?  Now she wants someone else to pay for her raising her child?  It's all crap.

 

 

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. 


 

 



 

Momniscient
by Ruby Member on Feb. 20, 2013 at 2:25 PM

I tend to agree with you, but I'm not one that thinks I would sue in this situation.

Quoting Traci_Momof2:

 You don't know that.  They could've put the pills in the right place and she could've taken them just like she always did and she could've STILL gotten pregnant.  Even when everything is done correctly, the pill cannot prevent pregnancy 100% of the time.

So if she wins, now what?  Every single woman who has ever had a bc pill baby can get a payout from their pharmaceutical company?  THAT would be ridiculous.

I could maybe agree with the company being forced to pay for her medical bills during pregnancy.  But to pay the cost of raising the child????  HELL NO!  That was still her choice no matter what way you spin it.


Quoting catrig:

That's ridiculous. If they did there job in the first place she wouldn't be pregnant. She ended up in this situation due to them.


Quoting talia-mom:


Nope.  No reason to hold the company responsible for her raising this child.  That was her choice.









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