On Wednesday, February 1st, Pfizer Inc. the giant drug manufacturer recalled one million packets of birth control pills in the United States. They announced the recall was due to a packaging error that could possibly decrease the effectiveness of the drug and cause unintended pregnancies. The brands of the recalled pills are Lo/Ovral-28 tablets and lots of generic Norgestrel and Ethinyl Estradoil tablets. What if a woman took the recalled drug became pregnant and gave birth to a healthy child? Would she have any legal rights against Pfizer? Yes she does! She and her husband or father of the child would have a tort action for Wrongful Birth. A mother and father would also have a cause of action under established tort principles for the negligent performance of a therapeutic abortion which resulted in the birth of a normally healthy child. This case against the doctor would be a
medical malpractice case for negligence and the case against Pfizer would be a
defective products action commonly referred to as a products liability action. However if the child is born healthy, the child has no legal action for Wrongful Life. A child born with medical problems due to genetic defects which were known before a therapeutic abortion was performed can bring a lawsuit for special or economic damages against a doctor who negligently performs the abortion. This tort action for the child is called Wrongful Life. If a child dies as a result of medical malpractice, the parents have a lawsuit available to them for
wrongful death. The damages that are available to the parents who relied on defective birth control pills resulting in the birth of a child who was born healthy is for the expenses of raising and supporting child. They can't receive damages for pain and suffering. The law doesn't allow parents to collect money just for having an unplanned child. They are entitled to be compensated for the support they must give the child. Contact the Palm Springs defective products, medical malpractice and wrongful death lawyer at Barry Regar a Professional Law Firm for all your legal questions concerning any type of personal injury insurance claim.