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Date: | Thu, 21 Jan 1999 14:13:32 -0600 |
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Yes, this woman (who received marketing cartons of ABM after her
miscarriage) may sue the ABM manufacturer based on a claim of negligent
infliction of emotional distress and possibly other causes of action
depending on state law. Her degree of emotional distress is important to
the case. As for the cost, an attorney (preferrably one who specializes
in litigation and personal injury) will only ask for a percentage of the
money awarded, if there is any (around 30%).
I really believe that we, as breastfeeding advocates, need to encourage
parents to bring lawsuits. Unfortunately, this seems to be the only
thing that works in the US. Several verdicts awarding plaintiffs money
(which comes out of profits and stockholders' pockets) affects change. I
also believe that it can, at times, be psychologically beneficial for the
plaintiff.
Just my .02 worth and my NSHO :-D
Johanna Berger, LSW
Breastfeeding Counselor
Bala Cynwyd, PA
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