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Personal Injury Pro
Personal Injury Pro, Attorney
Category: Personal Injury Law
Satisfied Customers: 6531
Experience:  Insurance Defense Attorney
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I am a nursing mother and my ob-gyn prescribed me a birth conrtol

Customer Question

I am a nursing mother and my ob-gyn prescribed me a birth conrtol pill I was supposed to take with no risk to my baby. I had the prescription filled and for a month I took the meds. From the first week on, my baby stopped sleeping through the night, became more fussy and started chewing on his hand and drooling. I thought it was because he was teething so I didn't look into the meds. During this time we went on a vacation, on which my child started trying to feed every hour and waking in the night every hour and a half to be fed. our vacation was ruined and my baby was clearly miserable. When I went to fill the next month of meds the system kicked me out to talk to a pharmacist. It was at that time they admitted they gave me the wrong meds. I told him I was a nursing mother and that my son did suffer from the mistake. I spoke to the baby's pediatrician and my ob-gyn and they both confrimed the estrogen in the wrong pill I was given would cause my milk supply to dry up. I don't understand if they gave me the wrong meds why a full month went by with no attempt to contact me about the error. I worry about the long term effects on my son from the estrogen he was exposed to and the psychological damage that could be done from being severly deprived of food for a month. I spoke to a local attorney and they felt there would be little to no recourse and I wanted to get a second opinion.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Personal Injury Pro replied 1 year ago.

Personal Injury Pro : Hello,
Personal Injury Pro : So sorry to hear this happened to you and your family!
Personal Injury Pro : I think what the attorney you saw really meant, was that even though the pharmacist and/or doctor were negligent, the amount in damages you would have at this point are either negligible or not quantifiable because you do not yet know what the injuries are to you or your son, if any.
Personal Injury Pro : Personal Injury attorneys do not want to take on cases unless there are a high amount of damages because they take the case on contingency and then take a portion of any award their client gets.
Personal Injury Pro : Clearly, this pharmacist and/or doctor were negligent. But to have a case, you have to prove there was a duty owed to you, that the defendant breached that duty, that their negligence was the cause of your harm AND that there are damages you have suffered.
Personal Injury Pro : You can prove the first three things, but the damages here would currently be your misribleness of having a horrible last month with your child and that just isn't going to be worth much, if anything in the eyes of the law. The fact that your child *may* have problems in the future due to this negligence is not something you can sue for now. You would actually have to wait to see if there are indeed any lasting effects and then you would be able to sue if there were.
Personal Injury Pro : you would still have to prove that whatever your son suffers from later is a direct result of the medication in his system as an infant. You can do this through expert testimony, etc.
Personal Injury Pro : That being said, if you are suffering other effects from this negligence, such as extreme anxiety, nightmares, depression, PTSD or other, physical symptoms due to worrying about your baby and the stress of it all, then you would have a claim for negligent infliction of emotional distress and you could sue for that now.
Personal Injury Pro : The symptoms of your distress would have to be physical and you would need to be under a doctor's care for them.
Personal Injury Pro : However, if you did sue at this time and you entered into any kind of a settlement agreement where you received an award, you would be asked to sign a Release. This Release would bar you from any future claims you could bring on behalf of your child if there was indeed something wrong with him. So you may not want to sue right now for that reason alone.
Customer:

what about the last month. we spend over $6,000 on a vacation that was rued because every hour he had to be feed. He is still not sleeping thought the night. Are we looking at only getting the money back that we spent on going to the doctor over the last two weeks to figure out what was wrong

Personal Injury Pro : I have posted quite a few more replies while you were typing. Let me know if you can view them.
Customer:

yes

Personal Injury Pro : Yes, you could sue for the ruined vacation and the medical bills as well. But again, if you find an attorney to take your case (and it will be hard based on what I told you), if you are given an award through a settlement, you would be asked to give up any future right to sue based on any injury that appears later in your son.
Personal Injury Pro : that being said, there is a one year statute of limitations n which you would have to bring a lawsuit regarding the damages due to the negligence that *are* quantifiable now.
Customer:

so the longer we wait the better we can understated the repercussions of what happened.

Personal Injury Pro : So if you were going to sue for the vacation and the medical bills or any emotional distress, it would have to be within one year of the date of the injury.
Personal Injury Pro : Yes, as far as the potential injuries to your son. But NOT with regard to the injuries you know you have already suffered.
Personal Injury Pro : So...your option would either be to sue now for the damages you have already suffered and make it clear to the defendants that you will not settle if you have to extinguish any future claims with regard to injuries your son may suffer.
Personal Injury Pro : Or, if the defendants are not willing to settle like this, you can take your case to trial.
Personal Injury Pro : Or, you could just wait and see if there are any injuries to your son in the future and sue for that. After one year, all your other claims will be extinguished.
Personal Injury Pro : Happy to answer any other questions you may have about this.
Personal Injury Pro : Please let me know if you have any further questions about this--I am happy to answer them! If not, would you kindly leave a positive rating for me at this time? It costs you nothing further to do but it is the only way the site will give me credit for my time. Thank you!
Customer:

is this something we should look for an other lawyer to work with or try to work it out our selves.

Customer:

will do

Personal Injury Pro : Ohio only allows you to sue for up to 3k in small claims, plus you cannot sue for medical malpractice in small claims so since you would need to file in a higher court, you would need an attorney.
Personal Injury Pro : I would go to www.martindale.com and look for ones in your area.
Personal Injury Pro : best thing to do is to create a boilerplate email saying what happened and what you want to do and send it out to a bunch of them and see who replies.
Personal Injury Pro : You could even offer to pay a flat fee if someone would take your case because you know the damages are not high.
Personal Injury Pro : Did you have any further questions I could help you with at this time?
Customer:

Thanks for your time and information. I think it is pathetic that no one thinks that an infant starving for a month is damaging. But if that's the law fine.

Personal Injury Pro : You are very welcome. And it's not that you haven't suffered damages but they just aren't in an amount where most personal injuries attorney will want to take the case. It is more the attorneys' greed than anything.
Personal Injury Pro : my firm takes on cases like this all the time.
Personal Injury Pro, Attorney
Satisfied Customers: 6531
Experience: Insurance Defense Attorney
Personal Injury Pro and 6 other Personal Injury Law Specialists are ready to help you

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