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Several news outlets went in search of lawyers who might be quotable, and some attorneys did not disappoint. Fox News asked one lawyer his opinion, and he said: “I think you potentially may see some very significant verdicts [if a woman gets pregnant], because in essence a person takes birth control pills so they don’t have to address issues that – as a result of the pill not working – they’re now going to have to address,” Gianfocaro said.
Read more: http://www.foxnews.com/health/2012/02/01/contraceptive-recall-could-put-pfizer-at-risk-multi-million-dollar-lawsuit/#ixzz1lc6yi7pA
Well, I call bullshit. I predict no verdicts, much less significant ones. Why? Nearly every sane adult knows that birth control is not 100% effective. Also, practically speaking a Judge (at least in the South) will not likely be comfortable concluding that life is a type of damages. In addition, there are many states that simply do not recognize a cause of action for wrongful conception.
Take it from step one. If a healthy woman took this birth control and became pregnant, having a healthy child with no issues at all, what then? Especially if the woman has a child after this "unintended" child. The case would not likely be considered before going through the gauntlet of motions, hearing and more. Imagine bringing a healthy 5 year old polite child into the courtroom? I've tried many cases, and I'm not sure any jury anywhere - upon seeing the child - would award a dollar, much less "significant" dollars.
Slate.com seems to have it right in its post: "A company’s liability is likely to be relatively modest, because damages in wrongful pregnancy cases are usually limited to replacement contraception, the cost of prenatal care, labor and delivery expenses, and sometimes a small award for emotional distress."
So you may see a rogue lawsuit, but these 'cases' won't go anywhere. They shouldn't.