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Subject:
From:
Baldwin & Friedman <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Tue, 24 Oct 1995 15:48:33 -0400
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Marie - is there any way to get information on this?  If you have a name or
phone number for the lawyer, I could call myself.  This is exactly the type
of case I expect to see some day - a baby allergic to formula, and liability
to whoever mismanaged the breastfeeding situation.

As you point out, many cases are settled, and when that happens there is no
reported decision in the legal arena to rely on for other cases.  As a
matter of fact, just because a case goes to trial does not mean that it will
be reported.  Most cases end up with reported decisions only when an appeal
is taken.

Although the decision of the court may not be reported in the legal books
with settlement or just a trial, there is a record of what happened.  All
one has to do is check the court file.  However, some times a settlement is
sealed, so that the amount given is not disclosed.

If any of you on Lactnet know of or hear of a case where these issues are
raised, let me know!  Don't hesitate to give me the lawyer's name and number
- there is nothing wrong with referring one lawyer to another!!!

Thanks for the info.





Elizabeth N. Baldwin,  Esq.   305-944-9100  Home office:  305-940-7873  Fax:
305-949-9029
E-mail:  [log in to unmask]    or    [log in to unmask]
Attorney specializing in breastfeeding and the law

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