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Posted: 12/22/2003 9:27:26 AM EDT
[Last Edit: 12/22/2003 9:33:01 AM EDT by Greenhorn]
www.cnn.com/2003/US/South/12/21/benadryl.lawsuit.ap/index.html

If they win this case, I don't see how gun manufacturers will have a chance.
Link Posted: 12/22/2003 9:30:26 AM EDT
Thay always go for the deep pocket.
Link Posted: 12/22/2003 9:30:44 AM EDT
Must be the same person who put 19 cans of roach fogger in their home last week and blew up the house!

Link Posted: 12/22/2003 9:31:31 AM EDT
And they're suing the pharmacy.

Go after the deep pockets.

BARTOW, Florida (AP) -- A Florida woman is suing the baby sitter who gave her daughter a fatal dose of Benadryl, along with the maker of the drug and the pharmacy that she says sold the product.

Paula Burcham was sentenced in August to eight years in prison for giving 3 1/2-month-old Grace Fields a lethal dose of Benadryl.

The child died from intoxication by diphenhydramine, the drug's active ingredient. Benadryl is an antihistamine and sedative.

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 contends Burcham gave the child Benadryl with "willful disregard" for her safety because she wanted to quiet the baby.

Pfizer spokesman Tom Sanford said the company does not recommend people give Benadryl to infants.

Prosecutors said Burcham never told paramedics she had poured three teaspoons of Benadryl into a bottle of breast milk for the child. Burcham later denied it was to control the child's behavior.

The lawsuit seeks more than $15,000 in damages, and [red]also names Clearwater, Florida-based Eckerd Corp., which owns the pharmacy that Fields says sold the medicine to Burcham.[/red] Other defendants are Polk County, the Polk County Health Department and the state Department of Children & Families.

DCF spokesman Bill Spann said the agency does not comment on pending litigation, but he urged parents to carefully check the qualifications of day care providers.

Burcham, 53, ran an unlicensed day care center out of her home.
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Link Posted: 12/22/2003 9:49:14 AM EDT
[%|]

They forgot about the company that makes the bottles and the caps, what about the labels Hell why not the company that made the car that...

Is someone going to sue the parents for child endangerment for using a unlic. day care?

Link Posted: 12/22/2003 10:09:43 AM EDT
Originally Posted By TwoStage:
[%|]

They forgot about the company that makes the bottles and the caps, what about the labels Hell why not the company that made the car that...

Is someone going to sue the parents for child endangerment for using a unlic. day care?

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Don't forget the spoon manufacturer, too...
Link Posted: 12/22/2003 10:39:33 AM EDT
Yep. The dipsheep baby sitter who OD'd the kid makes minimum wage and has no assets.
Link Posted: 12/22/2003 10:45:53 AM EDT
These #&$king stupid lawsuits will continue until more judges start bitchslapping the plaintiffs by making them pay for all of the defendant's court costs, lost wages, and a little pain-and-suffering for dragging them through the legal wringer.  Yelling at them in court would be good too.
Link Posted: 12/22/2003 10:54:44 AM EDT
Originally Posted By illigb:


Don't forget the spoon manufacturer, too...
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You are telling us that there was a SPOON involved? I guess now you are going to tell us there was no safety on that spoon....

This case will surely be referred to the BATFB.
Link Posted: 12/22/2003 11:07:07 AM EDT
I think Pfizer should sue the parents for the mental damage caused to the Pfizer employees, loss of work-time, lower morale etc pp, by the horrible death caused by negligent parents.

What? What?! That's just as valid as the parents' lawsuit.
Link Posted: 12/22/2003 11:19:21 AM EDT
This is so wrong on so many levels.

1. How does Polk County, the Polk County Health Department and the state Department of Children & Families come into play when it was an unlicensed daycare?

2.  Why sue Burcham/Pfizer?  Sounds like the she gave generic diphenhydramine from Perrigo Co.  Probably where Eckerd Drugs get their store brand from.

3.  And suing the store that sold the drug?  I mean come on.

Slimeball, assclown product liability lawyers.

Just another reason why we need tort reform in this country.  
Link Posted: 12/22/2003 11:19:39 AM EDT
Originally Posted By Kar98:
I think Pfizer should sue the parents for the mental damage caused to the Pfizer employees, loss of work-time, lower morale etc pp, by the horrible death caused by negligent parents.

What? What?! That's just as valid as the parents' lawsuit.
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You got that right.

Hell, the only way I would sue Benadryl is because it didn't keep the babysitter alive longer so I could beat her some more. [:(!]
Link Posted: 12/22/2003 12:31:50 PM EDT
Burcham, 53, ran an unlicensed day care center out of her home.
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Put Mom & Dad in jail for failure to preform due diligence and leaving their child with an unqualified caretaker.
Link Posted: 12/22/2003 3:29:50 PM EDT
…The lawsuit seeks more than $15,000 in damages…
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By today’s standards, that’s not much of a lawsuit (unless it’s a whole lot more than $15,000)!!
Link Posted: 12/22/2003 4:01:27 PM EDT
Originally Posted By 199:
…The lawsuit seeks more than $15,000 in damages…
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By today’s standards, that’s not much of a lawsuit (unless it’s a whole lot more than $15,000)!!
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In many states you are not allowed to say how much you are suing for, if it is over a set floor, in the first pleading (called a summons and complaint in most places).

That is to stop the practice of writing down a huge amount of money in order to garner news interest in the case.
Link Posted: 12/22/2003 4:28:57 PM EDT
I should sue AR15.com for allowing this stupid drivel to be posted.

[rolleyes]

Is this really, REALLY even going to make it into a court of law?

[rolleyes]
Link Posted: 12/22/2003 4:43:18 PM EDT
Link Posted: 12/22/2003 4:53:03 PM EDT
$15,000

It's a defense tactic.

Tj
Link Posted: 12/22/2003 6:54:17 PM EDT

Was that a pre-ban or post-ban spoon?




And what about the crib maker....if the railings had been tall enough, that babysitter would have not been able to reach the baby to poison it.

And attorneys wonder why their profession is considered bottom-of-the-foodchain. Here's a hint, you let asswipes with a JD degree like this one run amuck.
Ethics courses in law schools needs to be longer than a 10 minute coffee break.
Link Posted: 12/22/2003 7:16:40 PM EDT
[Last Edit: 12/22/2003 7:23:59 PM EDT by FLAL1A]
The $15K number is a required jurisdictional allegation. Cases from $.01 to $15K must be filed in County Court. Cases from $15,000.01 to infinity go to Circuit Court. If you don't claim more than $15K you can't go to Circuit Court, and you can't get more than $15K no matter what you prove. Fla. does prohibit numbers other than the jurisdictional allegation.

As to why they're suing the pharmacy & the manufacturer, I'd say it's because defense attorneys aren't diligent enough in pursuing monetary sanctions and Bar grievances against plaintiffs' lawyers who make frivolous claims. I cannot imagine that the plaintiff was able to frame allegations against anybody but the babysitter that will survive a motion to dismiss (very very low standard) without lying, which should but seldom does lead to sanctions.

Link Posted: 12/22/2003 7:22:08 PM EDT
Originally Posted By GoVol98:

And attorneys wonder why their profession is considered bottom-of-the-foodchain. Here's a hint, you let asswipes with a JD degree like this one run amuck.
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Actually, we don't wonder about it. In Florida, at least, lawyers are much more vigorously policed than doctors. And we know that anytime somebody decides to make a career of lawyer-bashing (not to suggest that you are), when he steps on his crank in someother endeavor (as nearly everyone does) one of us will have the satisfaction of looking him in the eye while saving his ass in accordance with our oath.

Everybody hates lawyers till they need one. People aren't quite so abrasive when they're asking for help.
Link Posted: 12/22/2003 7:39:24 PM EDT


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