After the US Supreme Court overturned Law vs Wadewomen across the country are stocking up on emergency contraception, commonly known as the “Plan B” or “morning after pill.” Demand is so high that many retailers, including Amazon, are limiting purchases .
Now the question arises: What if it doesn’t work? Suppose you take Plan B and still get pregnant. Can I file a lawsuit to hold the manufacturer liable?
In fact, depending on where you live, it is possible.
What is Plan B?
next step It’s actually a specific brand of emergency contraception. This is a single-dose tablet that should be taken within 72 hours (more effective if taken within 24 hours) after sexual intercourse.According to the manufacturer, approximately 7 out of 8 women Taking Plan B as directed will not get you pregnant. No prescription or proof of age is required.
Plan B is not:
- It is just as effective as regular birth control and should not be used as a regular method of birth control (hence the name “Plan B”).
- It’s an abortion pill and won’t cause miscarriage (Plan B won’t work if you’re already pregnant)
- Protection against HIV/AIDS or other sexually transmitted diseases
What happens to your lawsuit?
In many (but not all) states, you can sue for a so-called “wrong conception” or “wrong pregnancy.” This usually happens if you become pregnant after a sterilization procedure such as a vasectomy or tubal ligation, but the same reasons apply for birth control (such as the pill or condoms) and emergency contraception.
Many courts have ruled that people have the right to decide whether they are ready to have a family, and that if contraceptive methods fail, they should be able to trace who is responsible. If unsuccessful, it may be the doctor. If your condom breaks or oral contraceptives (including emergency contraceptives) don’t work, the manufacturer may be to blame.
Most bad idea cases against product manufacturers involve three legal claims:
- strict liability
- negligence
- warranty breach
Let’s take a look at these.
strict liability
Advantage of strict liability The point is that you don’t have to prove anyone was at fault for your pregnancy.
There are three situations in which a product may be defective:
- design: The product is designed to present an unreasonable risk of harm (or pregnancy if Plan B)
- manufacturing industry: The design is fine, but if something goes wrong during the manufacturing process and you risk unreasonable damage
- warning: Insufficient warnings included in the product
If you can show that the emergency contraceptive pill you used had one of these defects, you can file a claim against the manufacturer if you become pregnant.
negligence
a negligence Claims are often more difficult to establish than strict liability claims. To win a claim of negligence, the manufacturer usuallymoderately prudent person“It means that your emergency contraception was manufactured and marketed carelessly. It’s not enough to show that you’re pregnant by taking the pill. Even if you used Plan B as directed. Regardless, 1 in 8 women will get pregnant.”
Someone has to prove that they did something wrong. This usually requires an attorney to do a thorough dig into the company’s business records. Although time consuming and expensive, companies can be at fault (and some of those ways can support strict liability claims). For example, one way companies can be at fault is by failing to adequately warn of the risks associated with their products.
warranty breach
a warranty breach Claims are rooted in contract law. In most cases, product sales come with a specific warranty.a guarantee We promise that the product will meet certain specific quality standards and perform in a specific way. If the product does not meet these standards, the manufacturer is said to have “breached” the warranty.
There are two types of warranties: explicit and impliedThe express warranty is a written or oral guarantee of quality and reliability. IMPLIED WARRANTIES, WHETHER WRITTEN OR ORAL, ARRIVE WITH THE PRODUCT BY LAW. Manufacturers of emergency contraceptives make an implied warranty that the product will perform as claimed and, if agreed by the parties, will be fit for a particular purpose.
There is a lot of overlap between strict liability, negligence, and breach of warranty claims. In some cases, the same evidence can be used to prove each claim.
what can you get?
If you win the wrongful conception case, you may be able to recover actual lossThis phrase refers to money awarded by the law to compensate for the loss you have suffered.
Generally, this includes losses directly related to pregnancy and childbirth, such as medical bills and, in some states, emotional distress. However, most courts do not allow parents to collect child support.
In rare cases, you may be able to recover punitive damages. PUNITIVE DAMAGES ARE NOT INTENDED TO COMPENSATE FOR LOSSES. Instead, it is intended to punish wrongdoers who have committed extreme and outrageous acts, and to deter that person or others from doing the same again.
get a good lawyer
Wrong concept cases are hard to win. Even if Plan B worked as it was supposed to, the judge, and ultimately the jury, would have to convince the pregnant woman that she wasn’t the one to her eight. And even if you manage to get over this hurdle, you’ll still have to find evidence that the product is defective or that the manufacturer did something wrong.
If you have an unwanted pregnancy after taking Plan B, consider talking to your healthcare provider. Product Liability Attorney in an area near you (after seeing your doctor, of course). They can provide legal advice on your situation and better understand if your case is worth it. It is useful for
