Infant Opioid Withdrawal: Who Pays?
Infant opioid withdrawal has devastated families across America. Now our Memphis infant opioid lawsuit can help some of these families get the help they need and deserve. But how are cases like this going, and how will future families get paid?
Who Is Responsible in Infant Opioid Cases?
Infant opioid withdrawal happens when a child is exposed to opioids in the womb.
Reasons for the exposure vary: Mothers may not realize these drugs harm their unborn children. Even many doctors had no idea of the risks. And many of the impacted mothers struggled with addiction while pregnant.
But most importantly, the manufacturers knew. Drug makers admittedly mislabeled the drugs to hide their dangers from doctors and patients alike.
These powerful pharmaceutical companies knew the risks and openly pushed these drugs onto the American public.
As a result, we now hold two major groups accountable for the current infant opioid crisis:
Purdue Pharma / Sackler family
Run by the Sackler Family, Purdue Pharma developed OxyContin, one of the most notorious and damaging opioid drugs. In March, Purdue and the Sacklers reached a $6 billion OxyContin settlement.
Most of this money went to cities and regions impact by opioids. The courts set aside another portion for some of the thousands of babies harmed.
However, Purdue has now declared bankruptcy. As a result, they claim they can’t be held responsible for future injuries to babies exposed to opioids.
The Sacklers want all litigation to end moving forward. They claim the bankruptcy protects them from any future complaints. Whether courts agree remains uncertain.
Other drug companies
Regardless of what happens with the Sacklers, all of the drug companies who manufactured opioids have some responsibility. Purdue may be the most famous, but plenty of other companies pushed dangerous opioids to pregnant women and helped cause this national epidemic.
The State of Tennessee agrees.
A Tennessee judge recently ruled that victims can sue these various drug companies regardless of which drug(s) they took. The judge says these companies can be sued under the Drug Dealer Liability Act.
The Drug Dealer Liability Act says “any person who manufactures or distributes a controlled substance in a felony violation of such Act shall be liable in a civil action to any party harmed, directly or indirectly, by the use of that substance.”
This opens up another avenue for victims to get compensation—compensation desperately needed to cover medical bills, therapy, and other expenses caused by these dangerous drugs.
Potential Future Fund for Infants Harmed by Opioids
Many personal injury lawsuits cover a very specific period of time. For example, most dangerous drugs can be pulled from the shelves, which prevents future victims.
Not so with opioids. Addiction will continue well into the future, affecting mothers and their babies for a long time.
Some legal experts hope the courts might make the drug companies set up a fund for future victims. They did exactly this with mesothelioma, which like infant opioid withdrawal, only has one typical cause (asbestos). Right now, all you have to do is prove you have mesothelioma and you can get a settlement from this fund.
Hopefully one day victims of infant opioid withdrawal can do the same thing.
Taking Care of Our Memphis Infant Opioid Clients
For now, our Memphis infant opioid withdrawal attorneys continue our work in the courts.
Through our Memphis infant opioid lawsuit, we work with victims to get compensation for the infant and their family. We approach each case with compassion and respect, and we work hard to make sure you get the compensation you need and deserve.mWhat’s more, we don’t win unless you do.
If you’re looking for an understanding and supportive team who will give your case their full attention, you’ve come to the right place. Our attorneys have won multiple awards for client satisfaction, and we take these cases as seriously as if they were our own families.
So don’t wait to get started. If you or someone you love has a child impacted by opioid withdrawal, contact us today. Call 901-327-2100 or use the form below to speak with our founding attorney, Darrell Castle.