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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 (81-90):
Naturewoman4
by Platinum Member on Feb. 20, 2013 at 4:34 PM

I think this Country is too sue crazy.  She loves her daughter, so she should just think of it as a blessing, instead of suing.  I can image how the little girl will feel once she is older.  If her mom wins, is she going to think "well I guess I wasn't really wanted".  I think that would do great psychology damage to the daughter.  The mom should just enjoy her daughter, loving her the way a mom hopefully would.  Get child support from the father & go on with your life. 

Naturewoman4
by Platinum Member on Feb. 20, 2013 at 4:46 PM
1 mom liked this

I agree.  I think there's too many people in this Country that is too 'sue happy'.  They see a way of getting money & they go for it.  I personally think there's cases where one should sue, but there's a lot of cases where they shouldn't.  The mom is inmoral imo, along with other people that sue for any reason.  I do believe also that she had options.  I can image how many people will sue everytime a product fails. 

 If it was an error & it threaten their life....yes..I'm surprised actually that we don't hear more of this happening.  A way a woman can get a company to pay for their children.  Heck, they already get us Taxpayers to pay for them.  So, why not find another way like this one.  That's a good one!!  The condom broke!  The mom should just find the father & make him pay child support. 

 Also, I didn't know that if a woman wants to terminate her pregnancy that she had to have the father's permission?  When he's probably long gone...I just wish these unwed mother's would just get these guys to pay for their own kids!! 


Quoting USBrit:

This is ridiculous! If she didn't want a child, she could have given it up for adoption. What next.....suing the condom makers for torn condoms? I believe that this person is just looking for a big payout.


 

Farmlady09
by Silver Member on Feb. 20, 2013 at 4:49 PM
1 mom liked this

What a terrible message to give her daughter ~ I don't want you and I don't love you, but if someone pays me enough I'll raise you. No child should be seen as a paycheck.

FromAtoZ
by AllieCat on Feb. 20, 2013 at 4:56 PM

If only one thing comes from this, I hope it is that big pharma companies begin to realize they are indeed accountable for the mistakes they make.  

And that women pay more attention.

I have not been on the pill in years.  Hell, I had a wonderful hyster over 8 years ago.  But if I remember correctly, the pills are color coded, so to speak.  Did she not notice that?  How could she not have?

teri4lance
by Silver Member on Feb. 20, 2013 at 4:57 PM

I think this is a completely founded lawsuit and I hope she wins. 

FromAtoZ
by AllieCat on Feb. 20, 2013 at 4:58 PM


Quoting Farmlady09:

What a terrible message to give her daughter ~ I don't want you and I don't love you, but if someone pays me enough I'll raise you. No child should be seen as a paycheck.

I can certainly see this message.  I am hoping, however, that in her heart of hearts this isn't how she truly feels.  But it does appear that way, from the outside.

My mother never wanted me.  She had no issues letting me know this throughout her life.  While I came to terms with it years ago and forgave her......I can't say that did not have a huge impact on my life and still does.

krise
by Member on Feb. 20, 2013 at 5:00 PM

WOW

talia-mom
by Gold Member on Feb. 20, 2013 at 5:12 PM

She was forced to raise a child?


Quoting teri4lance:

I think this is a completely founded lawsuit and I hope she wins. 



storkradio193
by Member on Feb. 20, 2013 at 5:28 PM

It's an interesting case.  I wonder how the courts will rule.  I imagine in many other medical cases that if the company provides the wrong pills with adverse (unintended side effects) then they pay (e.g. a cancer drug with wrong pills and then the person has more medical problems or worse).  Off the top of my head, it would not surprise me if she won to some degree, maybe at least for the medical costs of the birth.  Her decision to raise the child verses not doing so could be seen as not the company's responsibility.

http://www.cafemom.com/home/storkradio193

PamR
by Pam on Feb. 20, 2013 at 5:35 PM



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,.


Not taking them properly would have been her mistake, not theirs.  I don't know what her pills looked like, but if they were packed incorrectly, I see how she wouldn't have recognized their error.


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