Woman Takes Birth Control, Falls Pregnant, Sues

[Noomi]

Yep. She took BC for 12 years because she didn't want kids, then got pregnant.
Okay, so the company did stuff up and put the inactive pills in the spaces where the active pills should have gone, but still.

She gave birth to a baby girl and is now suing the company that made those pills, for costs of raising her child.

A WOMAN, a self-confessed workaholic, had been taking a contraceptive pill for 12 years was devastated when she fell pregnant.
Access all Areas. $1 for the first 28 days. Only $2.95 a week thereafter. Learn more.

"I was devastated," Shanta Russell, 33, told The Kansas City Star. "I questioned myself. After all these years, how could this happen? Of course I was angry. There was nothing I did that was a mistake."

Shanta had bought a home pregnancy test after missing a period in June 2011. Dumbfounded by the positive result, she took the test two more times.

"I couldn't get over the fact it was happening," she said.

She had two jobs, had a passion for travel, had planned to undertake further education to work in health care.

Three months later Shanta received a recall notice of her birth control pills from Qualitest Pharmaceuticals in the mail, warning that the contraceptive pills she had taken may have been placed in the wrong order in their blister packs.

http://www.heraldsun.com.au/news/law-order/shanta-russell-sues-qualitest-after-contraceptive-pill-mislabelled/story-fnat79vb-1226582655061

Why sue for the cost of raising her child? Is she saying she didn't want the baby? She chose to give birth it, therefore she chose to be financially responsible for it. If she really didn't want a baby, she could have had an abortion.

 

[Katzndogz]

She should get a nominal sum for her inconvenience and the child be taken away and put up for adoption. She should not get paid and have any benefit from having a child.

 

[Quantum Windbag]

Yep. She took BC for 12 years because she didn't want kids, then got pregnant.
Okay, so the company did stuff up and put the inactive pills in the spaces where the active pills should have gone, but still.

She gave birth to a baby girl and is now suing the company that made those pills, for costs of raising her child.

A WOMAN, a self-confessed workaholic, had been taking a contraceptive pill for 12 years was devastated when she fell pregnant.
Access all Areas. $1 for the first 28 days. Only $2.95 a week thereafter. Learn more.

"I was devastated," Shanta Russell, 33, told The Kansas City Star. "I questioned myself. After all these years, how could this happen? Of course I was angry. There was nothing I did that was a mistake."

Shanta had bought a home pregnancy test after missing a period in June 2011. Dumbfounded by the positive result, she took the test two more times.

"I couldn't get over the fact it was happening," she said.

She had two jobs, had a passion for travel, had planned to undertake further education to work in health care.

Three months later Shanta received a recall notice of her birth control pills from Qualitest Pharmaceuticals in the mail, warning that the contraceptive pills she had taken may have been placed in the wrong order in their blister packs.

Cookies must be enabled | Herald Sun

Why sue for the cost of raising her child? Is she saying she didn't want the baby? She chose to give birth it, therefore she chose to be financially responsible for it. If she really didn't want a baby, she could have had an abortion.

She is a progressive, nothing is her fault.

 

[martybegan]

Yep. She took BC for 12 years because she didn't want kids, then got pregnant.
Okay, so the company did stuff up and put the inactive pills in the spaces where the active pills should have gone, but still.

She gave birth to a baby girl and is now suing the company that made those pills, for costs of raising her child.

A WOMAN, a self-confessed workaholic, had been taking a contraceptive pill for 12 years was devastated when she fell pregnant.
Access all Areas. $1 for the first 28 days. Only $2.95 a week thereafter. Learn more.

"I was devastated," Shanta Russell, 33, told The Kansas City Star. "I questioned myself. After all these years, how could this happen? Of course I was angry. There was nothing I did that was a mistake."

Shanta had bought a home pregnancy test after missing a period in June 2011. Dumbfounded by the positive result, she took the test two more times.

"I couldn't get over the fact it was happening," she said.

She had two jobs, had a passion for travel, had planned to undertake further education to work in health care.

Three months later Shanta received a recall notice of her birth control pills from Qualitest Pharmaceuticals in the mail, warning that the contraceptive pills she had taken may have been placed in the wrong order in their blister packs.

Cookies must be enabled | Herald Sun

Why sue for the cost of raising her child? Is she saying she didn't want the baby? She chose to give birth it, therefore she chose to be financially responsible for it. If she really didn't want a baby, she could have had an abortion.

She may get reimbursed the cost of the pills, but I doubt she will get the cost of raising a child. She could have had an abortion, or given it up for adoption. She may even be able to recoup medical costs up to the birth (longshot).

Even when taken correctly no birth control is 100% effective. The only real reason she has any recourse is the product was not packaged properly, thus the product was not able to work as promised.

 

[Noomi]

She should get a nominal sum for her inconvenience and the child be taken away and put up for adoption. She should not get paid and have any benefit from having a child.

But - but - she wants the child, she just wants someone else to pay for it!

 

[Mr. H.]

She should get a nominal sum for her inconvenience and the child be taken away and put up for adoption. She should not get paid and have any benefit from having a child.

But - but - she wants the child, she just wants someone else to pay for it!

Plenty of folks do that on purpose. She hasn't got a case.

 

[Politico]

She should get a nominal sum for her inconvenience and the child be taken away and put up for adoption. She should not get paid and have any benefit from having a child.

But - but - she wants the child, she just wants someone else to pay for it!

Don't worry. You will.

 

[C_Clayton_Jones]

Why sue for the cost of raising her child? Is she saying she didn't want the baby? She chose to give birth it, therefore she chose to be financially responsible for it. If she really didn't want a baby, she could have had an abortion.

It’s a perfectly legitimate case, and fundamental contract law.

She has a very good case, too:

Lawsuits by other women who became pregnant while taking Qualitest pills have been filed across the US, including California, Texas and Tennessee. A proposed class-action suit was filed in Georgia on behalf of about 200 women who took the pills.

 

[Noomi]

^why should the company be accountable for the costs of raising a child she chose to give birth to?

 

[Ravi]

^why should the company be accountable for the costs of raising a child she chose to give birth to?

What if her religion forbids abortion?

 

[gallantwarrior]

Yep. She took BC for 12 years because she didn't want kids, then got pregnant.
Okay, so the company did stuff up and put the inactive pills in the spaces where the active pills should have gone, but still.

She gave birth to a baby girl and is now suing the company that made those pills, for costs of raising her child.

A WOMAN, a self-confessed workaholic, had been taking a contraceptive pill for 12 years was devastated when she fell pregnant.
Access all Areas. $1 for the first 28 days. Only $2.95 a week thereafter. Learn more.

"I was devastated," Shanta Russell, 33, told The Kansas City Star. "I questioned myself. After all these years, how could this happen? Of course I was angry. There was nothing I did that was a mistake."

Shanta had bought a home pregnancy test after missing a period in June 2011. Dumbfounded by the positive result, she took the test two more times.

"I couldn't get over the fact it was happening," she said.

She had two jobs, had a passion for travel, had planned to undertake further education to work in health care.

Three months later Shanta received a recall notice of her birth control pills from Qualitest Pharmaceuticals in the mail, warning that the contraceptive pills she had taken may have been placed in the wrong order in their blister packs.

Cookies must be enabled | Herald Sun

Why sue for the cost of raising her child? Is she saying she didn't want the baby? She chose to give birth it, therefore she chose to be financially responsible for it. If she really didn't want a baby, she could have had an abortion.

Or given it up for adoption by a family who would more likely love it and not resent the child for "ruining" her life.
I always LMAO when some moron just doens't understand how "this" (a pregnancy) happened. The surest way to prevent pregnancy is aspirin. That's right, girls, take one aspirin and hold it between you knees. Repeat whenever the urge to screw around occurs.

 

[gallantwarrior]

She should get a nominal sum for her inconvenience and the child be taken away and put up for adoption. She should not get paid and have any benefit from having a child.

But - but - she wants the child, she just wants someone else to pay for it!

No, she wants the cash payout and continued upkeep that a lawsuit would provide. I feel sorry for her child.

 

[Mad Scientist]

The Pills were mislabeled then recalled. I think she may have a case.

 

[WorldWatcher]

The Pills were mislabeled then recalled. I think she may have a case.

Being a guy, I'm not sure. But aren't the pills in the blister pack color coded and wouldn't the colors have been out of order?



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[Mad Scientist]

The Pills were mislabeled then recalled. I think she may have a case.

Being a guy, I'm not sure. But aren't the pills in the blister pack color coded and wouldn't the colors have been out of order?>>>>

If the pills are to be taken in a certain order but that order was mixed up at the factory well then, I think she may have a case.

I'm guessing some women only look at the "Day" and not the "Color"? Or maybe this girl's pills were all the same color?

A quick Google shows some packs have different colors and some are all the same.

 

[WorldWatcher]

The Pills were mislabeled then recalled. I think she may have a case.

Being a guy, I'm not sure. But aren't the pills in the blister pack color coded and wouldn't the colors have been out of order?>>>>

It sounds like you've never even seen birth control other than condoms?

Condom?

............. What is this thing called "condom"?

If the pills are to be taken in a certain order but that order was mixed up at the factory well then, I think she may have a case.

I think she might have a case also. If the pills were properly manufactured and packaged and used as directed - no case as they are not expected to be 100% effective. If not used as directed, then the manufacturer would not be liable.

On the other hand I'm understanding these were not packaged properly.


I was asking though about color coding, if the pills were manufactured correctly but packaged incorrectly, then they would appear out of order in the packaging and the purchaser should have gone "What the hell?".

I'd also be interested to learn a little more about the timing of the recall? Did the recall occur after the sale? Did the recall occur before the sale and the pharmacy then sold recalled materials?



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[AmyNation]

I think she has a very good case.

The company pills were faulty.

 

[Ravi]

IIRC, the pills themselves aren't color coded but the plastic bubbles are so you'd have to trust they were in the right place. But it's been a few years, got the permanent solution instead, lol.

 

[gallantwarrior]

IIRC, the pills themselves aren't color coded but the plastic bubbles are so you'd have to trust they were in the right place. But it's been a few years, got the permanent solution instead, lol.

It's alwasy best to support your local spay and neuter program, particularly if you don't want puppies, kittens, or children of your own.

 

[WorldWatcher]

IIRC, the pills themselves aren't color coded but the plastic bubbles are so you'd have to trust they were in the right place. But it's been a few years, got the permanent solution instead, lol.

Different manufacturers have different packaging, that's why I asked about it in this case.


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