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The guardians of infants born to mothers who took opioids while pregnant should be able to join forces in a national class action lawsuit, asserts legal parents and guardians of babies exposed to opioids after a judge dismissed their request for Class certification.
United States District Judge Dan Polster dismissed the bid for certification on Feb. 1, ruling that the proposed Class was not well defined or ascertainable.
Now, the parents and legal guardians of the babies exposed to opioids want Judge Polster to take another look, saying that he’s confused about the medical treatment for infants exposed to these prescription medications while in the womb.
“The court has determined that the pharmacological weaning of the NAS Children at issue in this matter cannot be related to in utero opioid exposure, because the weaning occurred too late after birth,” the plaintiff notes adding that the ruling creates confusion over an important treatment.
Specifically, the issue being noted is the treatment of withdrawals experienced by opioid babies after birth. Infants with neonatal abstinence syndrome (NAS) can face potentially severe, lifelong effects and treatment of it includes dosing the infants with opioids, noted the plaintiffs.
The motion for reconsideration also took issue with the court finding that birth mothers must have been addicted to opioids, not just taking a subscription, to qualify. The parents and guardians argue that this qualification will result in further confusion.
“Whether a birth mother was or was not ‘addicted’ to opioids prior to the birth of a child, is irrelevant to the child’s status as having been diagnosed with NAS,” points out the motion for reconsideration.
The national prescription opiate multidistrict litigation has been winding its way through the court system after more than 65 class action lawsuits alleging pharmaceutical companies falsely advertised opioids, fueling an epidemic across the U.S., were consolidated in 2017.
Have you or a loved one been affected by the opioid epidemic? Tell us about your experience in the comment section below.
The parents and guardians are represented by Marc E. Dann of Dann Law Firm; Scott R. Bickford and Spencer R. Doody of Martzell Bickford & Centola; Celeste Brustowicz, Barry J. Cooper and Stephen H. Wussow of Cooper Law Firm LLC; Kevin W. Thompson and David R. Barney of Thompson Barney Law Firm; Kent Harrison Robbins of the Law Offices of Kent Harrison Robbins PA and Donald Creadore of the Creadore Law Firm PC.
The Prescription Opiate MDL is In re National Prescription Opiate Litigation, Case No. 1:17-md-02804, in the U.S. District Court for the Northern District of Ohio.
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11 thoughts onParents and Guardians of Opioid Babies Fight for Class Certification
i have adopted 4 children all opioid addicted as well as other documented drugs. please add them
First time I went to the dr I failed a drug screen for a pain pill. My mid wife told me if I was taking them before I knew I was pregnant it would possibly kill my baby if I stopped. She told me if I did not continue to take them with a prescription from her once a week she would call child services on me. She litterally had me scared so I took them and my son was born addicted and the hospital still called child services on me even though I did what she said and had a prescription from my mid wife
Add me my daughter was born in 2009 addicted to oxycodone
I had my son in 2001 he tested positive for opiates and the state took him from me
Please add me. I had a baby in 2017 that spent 5 months in the nicu from opiate withdrawal.
My fiance was lied to doctors told her Suboxone was safe for baby now our newborn is still in hospital two weeks later experiencing neonatal abstinence syndrome. The never once informed her of any risks it’s been traumatizing we have twins they wanna meet lil sis I’ve lost my job running to hospital taking mom to hospital and me watching twins some compensation is definitely deserved we are truly traumatized we just want our daughter home thank you
Please add me after my sister died of overdose she left the kids behind. I myself have had 2 babys born having withdraws from dalada and Lortab my son was in the hospital for 2 months my daughter was in the a week. And now they have learning problems. Behavior problems. My son has to wear glass because he was born on opiates. And i lost a baby because i was on opiates and didnt no i was pregnant. But it was still crushing to my sole
Please add me to the lawsuit. I raised my 3 grandkids who were all exposed to opioids during the pregnancy by my daughter and prescribed throughout the pregnancy with methadone, and SUBOXONE. I had legal guardianship of the older 2 boys, and was the in the foster care program for my granddaughter, trying to adopt. All the kids had to be weaned off the opioids and spent the first month+ in the hospital, suffering. Definitely add us to this one!!!
I’d like to have this clarified for other mothers and kids. It’s sad that they would knowingly prescribe something that is this powerful and addictive knowing the withdrawals that the baby will have to go through. I regret not being strong enough to get off of my prescriptions before I went into my second trimester. Who knows what way my kid will be affected long term. She’s 4 now so I’ll be watching very closely just in case.
Add me please, I was prescribed opioids for my whole pregnancy and my daughter is now 7 years old. She was addicted to opioids when she was born and they tried to get me to put my daughter on an opioid treatment at newborn age and I told them hell no! She was withdrawing but I wasn’t about to put her through more torture.
My daughter who I adopted was born NAS. The last two years we have dealing with certain behaviors.