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I’m pregnant and taking a prescription medication. The risk to my baby is unknown. If my baby is hurt, will he be able to make a legal recovery?

It depends. Hopefully, your child will not be injured by the medication that you take while you are pregnant, but we understand your question and why it is important for you to know the answer.

A pharmaceutical company may be liable for the side effects of its medication if:

  • The company knew or should have known of the potential side effects.
  • The company failed to warn the public of the known dangers.

Generally, a company may be liable for failing to warn you about the risks to your unborn child if it knew of the risk and failed to disclosed it to the FDA, doctors, and the public; or if it failed to do appropriate testing to determine the safety of the drug. Appropriate testing in the case of drug safety during pregnancy is limited, since there are very specific rules about the types of testing that can be done on pregnant women. However, post-market research may be available.

What to Do If You’re Pregnant and Need a Prescription

You are in a potentially scary situation. You have to balance your need for medication against the unknown risks to your child. The best thing that you can do is to have an open conversation with your doctor. Tell your doctor your concerns, make sure that you understand the risks of not treating your condition as well as the risks of the medication, and make an informed decision based on the information that is available.

Then, if your child is hurt by the medication, you can talk to his pediatrician and to a pharmaceutical class action lawyer to determine your next steps.

Jason F. Abraham
Managing Partner, Hupy and Abraham