If your birth control was recalled...

[Uno-Mom]

...and you got pregnant... what would you do?

[Indianamom2]

Is this an announcement? :wink2:

Honestly, I'd assume God had other plans for me....after all the shock and horror wore off, of course!

[nellonello]

I would celebrate the life of my child!! Both my kids were conceived while I was on BC. I always knew it wasn't 100%.

[Uno-Mom]

Heehee. No, it's not an announcement!

I didn't mean to ask whether anybody would terminate their pregnancy - that wouldn't be within the realm of possibility for me.

I heard a new show discussing whether parents could sue the the BCP manufacturer. At first I thought, of course they could! Then I thought about the emotional implications of that action. But on the other hand, even though we would celebrate our new baby, the company was negligent and I was taking BCP for a reason right now.

[Indianamom2]

I think that while they probably would have the right to sue, it would be next to impossible to prove that a woman was 100% accurate in using the BCP's in the first place and that the manufacturing error was the reason for the pregnancy and not that .01% failure rate.

I have a feeling there will be some unexpected pregnancies from this, but in our family, it would be an unexpected (and very unplanned) blessing.

[crl]

There is a cause of action, "wrongful pregnancy". It's going to vary state by state. I had this as a hypothetical moot court issue when I was in law school a million years ago. I don't remember the case law (I actually handled a warning issue) and I am sure it has changed since then anyway.

Assuming the child is healthy, I kind of doubt it would be worth the effort of bringing the case. If you end up with huge medical bills or a child with significant special needs the equation might change. Maybe someone will do a class action?

Totally speculating here.

Catherine

[Uno-Mom]

There is a cause of action, "wrongful pregnancy". It's going to vary state by state. I had this as a hypothetical moot court issue when I was in law school a million years ago. I don't remember the case law (I actually handled a warning issue) and I am sure it has changed since then anyway.

Assuming the child is healthy, I kind of doubt it would be worth the effort of bringing the case. If you end up with huge medical bills or a child with significant special needs the equation might change. Maybe someone will do a class action?

Totally speculating here.

CatherineHmmm interesting. How sad, to think about suing due to a child being born with medical problems. But that makes me wonder - the manufacturer would be liable for the pregancy but not the complications, right?

Ouch, I feel bad even thinking these thoughts! What I was originally toying with was the idea of suing and using the proceeds to finance the child's college education. I think that would be a fun outcome!

Truly if it happened to me right now, I'd just be thrilled about the baby! (After the initial shock and scrambling to work out the financial situation.)

[SnuggleBuggles]

Since no bc is fail-proof, I would think it was meant to be.

[crl]

Hmmm interesting. How sad, to think about suing due to a child being born with medical problems. But that makes me wonder - the manufacturer would be liable for the pregancy but not the complications, right?



This is so not my area of the law. But as I recall, you collect for actual damages. So, yes, the manufacturer could be responsible for complications--to include life long care for a child with significant special needs. This is most definitely not legal advice though! I am operating off of rather shaky memory of case law that has undoubtedly changed in the last twenty years.

Catherine

[BabyMine]

Name my child Pfizer and then sue for emotional distress.

[Uno-Mom]

Name my child Pfizer and then sue for emotional distress.
hahahahahaha!!! Who would be the claiment (is that even the right word?) you or the poor child? Actually, Pfiz would be a pretty cool nickname!

[niccig]

Honestly, I think they would settle out of court. They messed up in a BIG way, and yes women could fall pregnant. You could even have the situation where someone can not get pregnant for medical reasons as it would be too dangerous, and their BC fails because of manufacturer error. Ack. Not good at all.

I do expect to see some legal action.

[BabyMine]

hahahahahaha!!! Who would be the claiment (is that even the right word?) you or the poor child? Actually, Pfiz would be a pretty cool nickname!

Both because I already know from experience that psychologists are expensive.