Posted on 12/04/2007 3:28:51 PM PST by ShadowDancer
So they aren't suing the people that actually made the "preventable error" but instead are suing the manufacturer for not doing more to prevent third parties from making preventable errors.
Based on what I’ve read about this case, I think the Quaids have legitimate beef with the manufacturer regarding the packaging. I think they also have a claim against the hospital, as its employee should have caught the different dosage before giving the heparin to the babies. Even though the Quaids didn’t sue the hospital, it will almost certainly be brought into the suit by the manufacturer.
It boggles the mind....
It would be far more reasonable for them to sue the hospital, then for the hospital to go after the manufacturer. I think their lawyer looked around and concluded that the manufacturer has the deeper pocket.
This certainly doesn’t seem to be a deep pockets issue, they’re only suing for $50,000.
Just over $50,000? I'm surprised anyone would sue for that little in a medical liability case. I bet Baxter would spend many times that amount defending against this suit. Perhaps the Quaids are more interested in getting the manufaturer to change its practices.
As a practical matter, I don’t think makes much difference. If they only sue one party, that party will bring any other parties in to spread the exposure around. The pleadings will look a little different, but the net result will be the same.
That makes sense. It’s not like it’s a large sum for either party.
I’d been looking for more information on this. I’m pleased that the babies have recovered.
They gave the babies the adult dose.
“What is probably also in the suit but not mentioned is a request for an injunction forcing the manufacturer to change its labeling to prevent future incidents and recall product already in the market stream. From what I see, the Quaids are doing a public service, but that doesn’t stop the knees from jerking here at FR.
You're right. The Quaids are doing a public service, and this situation must be corrected before more babies die.
What's a "wife"?
Who the parents or the Maker?
Crapola. The situation won't be corrected by changing the color of the label - fer gosh sakes, the label was clear about the strength of the dose. The only way to correct the situation is to fire the responsible individuals from the hospital, and hire replacements who can read simple English and follow directions. What's next after the labels are in different colors - a defense that the nurse "forgot" which color represented which dose, or a claim that color-blindness prevented them from recognising which was which? And don't tell me that's far-fetched - to a lawyer, such a claim would be "reasonable," and their job would be to convince a jury of idiots to agree.
I do believe the employees who did this bear the responsibility. If they don’t get fired, something should be done.
To a movie star, $50,000 is probably just pocket change and more of about the principle that the packaging does need to be changed. The two are too similar and could have resulted in someone’s death.
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