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Mother sues Pfizer for wrongful death

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  • Mother sues Pfizer for wrongful death

    Earlier this month, Tracy Fields, the child's mother, filed a wrongful death and product liability lawsuit against Burcham; Pfizer Inc., the New York-based maker of Benadryl; and the Perrigo Co., which makes generic versions of the medicine.
    The lawsuit seeks more than $15,000 in damages, and also names Clearwater, Florida-based Eckerd Corp., which owns the pharmacy that Fields says sold the medicine to Burcham. Other defendants are Polk County, the Polk County Health Department and the state Department of Children & Families.
    I know it is sad she lost her child but how can she hold the drug company and anyone connected with Benadryl responsible for her child's death? Benadryl clearly states it is not for small children and to consult a doctor before using.

    I guess it is the sue anyone remotely connected syndrome.

    Though I find this interesting...

    Burcham, 53, ran an unlicensed day care center out of her home.
    Should someone sue the mother for not checking out the day care first and subjecting her child to an unlicense day care center?

  • #2
    As usual with this sorta cr4p, your sue happy nation is becoming a joke, even worse we are following closely behind.

    I've said it before but a judge needs to set a prescedant and say 'enough is enough'.

    Doesn't matter if its a matter like this or a hot apple pie burn. There should be no recompense for someone being stupid/scheming.

    Sadly this is a child in this case but it still holds.

    (Ever so slightly related, there was a program on the bbc last night, 'Louie Theroux meets....The Nazis' where he ment the white power bald fat fella from Cali. What a tit, the people at the rallies were the sort of people I would associate with the sueing nature, you can almost see the thought process behind their eyes....'it's different/new....break it'.)


    • #3
      Hopefully Pfizer can weather this $15,000 storm.


      • #4
        An unlicensed daycare center is simply hiring a babysitter. No one freaks out when the 15 year old sitter doesn't have a license. I can see why perhaps it didn't seem out of the ordinary, if the woman won the mother's trust. The sitter drugged the child to quiet her down. She definitely has a right to sue the pants off the sitter. I'd be interested to see why pfizer and others were named- surely, there is a reason that isn't mentioned.


        • #5
          Financial compensation should be taken out of the courts. People don't need to be paid for their problems.


          • #6
            The lawsuit contends Burcham gave the child Benadryl with "willful disregard" for her safety because she wanted to quiet the baby.
            That is enough to get her life if not death. Eight years in prison is not enough for a childs life and I would say that is why the mother is going after the companies. If it were my kid I would do the same, but at same time if there is a clear warning on the meds saying not to give to kids she wont win.

            Hate to say it but the eight years in prison is about the only punishment that will be handed.

            IMHO ... $15,000 aint even enough to help lossing a kid.


            • #7
              What good is money going to do the woman?

              If eight years isn't enough then she should put her time into getting the laws changed so that punishment is stricter.


              • #8
                Originally posted by =luna=
                She definitely has a right to sue the pants off the sitter. I'd be interested to see why pfizer and others were named- surely, there is a reason that isn't mentioned.
                Pfizer has money, the sitter doesn't. The mother doesn't have a leg to stand on against Pfizer though. Using a product contrary to it's labeling is not only not the fault of the manufacturer, but is often a crime by the user!

                You know the text: "It is a violation of federal law to use this product in a manner inconsistent with its labeling."
                "Hardly used" will not fetch a better price for your brain.


                • #9
                  one thing you have to remember thou is any can find a hole to sue throu even if its a peice of ice on the floor that they droped and sliped on you can sue for that and you can sue the pop machine (fountain soda pops) maker to the fast food place it gets really dumb


                  • #10
                    Originally posted by leejo
                    Hopefully Pfizer can weather this $15,000 storm.
                    I think that's part of the problem... These juries see these "big, bad corporations" that have millions or billions or trillions of dollars, and they think, "well, what's a lousy million to them? It's kinda their fault, right?" And they award the cash compensation without regard to whether or not it's the right thing to do...
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