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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 (91-100):
Farmlady09
by Silver Member on Feb. 20, 2013 at 5:52 PM

 


Quoting FromAtoZ:


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.

I'm truly sorry that you ever had to come to terms with that much heartache. No child should.

The sad thing is whether or not her mother means what she says now, the message will be there for her child to find, and that might be even more damaging when she's a teen. The fact that it's on the internet, and circulating as a story means that at some point this baby girl may find it. Just thinking about that make my heart ache.

 

Euphoric
by Thumper kid spanks on Feb. 20, 2013 at 5:55 PM

 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.

 

www.cafemom.com/group/116692
teri4lance
by Silver Member on Feb. 20, 2013 at 7:53 PM
No she got pregnant because of the bc company's negligence. Even if she loves the child, which she has said she does, they caused her financial losses that were a direct result of that negligence. They deserve to pay punitive damages.


Quoting talia-mom:

She was forced to raise a child?



Quoting teri4lance:

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





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LauraKW
by "Dude!" on Feb. 20, 2013 at 11:13 PM

 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,.


 

 

 

Chelsey191
by Member on Feb. 20, 2013 at 11:19 PM
What a load of garbage. Bc pills are not 100% effective to begin with, she also had a choice to either adopt out or have an abortion. I think that they messed up and should have to answer for that but I think the woman is ridiculous to ask for 18 years worth of money to raise her child. And I can't imagine how I would feel as the child in this situation. I also highly doubt all that money would go to her child if she did win.
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Veni.Vidi.Vici.
by on Feb. 20, 2013 at 11:23 PM
1 mom liked this

I hope she wins

lucky2785
by Member on Feb. 20, 2013 at 11:33 PM
I kinda thought the opposite, seems to me a lot of people saying they weren't responsible because she could of had an abortion. Abortion should not be an option. Imo the company should be responsible for 1/3 of cost, the father responsible for 1/3 and the mother responsible for 1/3.


Quoting mikiemom:

 


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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lucky2785
by Member on Feb. 20, 2013 at 11:35 PM
Then she should go after damages in emotional and physical distress.


Quoting Momniscient:

Adoption being an option as well.

Quoting Traci_Momof2:

 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. 














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lucky2785
by Member on Feb. 20, 2013 at 11:39 PM
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.



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..
























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Momniscient
by Ruby Member on Feb. 20, 2013 at 11:48 PM

Why? She said she wasn't unhappy with having a child.

Honestly I can see having the company pay for hospital fees but the cost of raising a child? I think that is too litigious.

Quoting lucky2785:

Then she should go after damages in emotional and physical distress.


Quoting Momniscient:

Adoption being an option as well.

Quoting Traci_Momof2:

 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. 
















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