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A newborn opioid addiction lawsuit is a legal action filed by parents on behalf of a child who was exposed to opioids during pregnancy and born dependent. In New York, these lawsuits typically fall under product liability or medical malpractice law, and consulting with a White Plains medical malpractice lawyer or a Westchester County medical malpractice lawyer from Fiedler Deutsch, LLP can help families understand their legal options.
What is Newborn Opioid Addiction?
Newborn opioid addiction, also known as Neonatal Abstinence Syndrome (NAS), is a medical condition that occurs when a baby is exposed to opioids in the womb and goes through withdrawal after birth. This happens when a pregnant person uses opioid drugs—either legally prescribed (like oxycodone or methadone) or illegally obtained (such as heroin or fentanyl)—during pregnancy. After birth, the baby is no longer receiving opioids through the placenta, which causes the infant to experience withdrawal symptoms. These symptoms can range from mild to severe and usually appear within 24 to 72 hours after birth.
Who Can Be Held Liable?
Pharmaceutical Companies
Parents may claim drug makers misled the public by marketing opioids as safe or non-addictive, despite knowing the risks. Failing to warn doctors or pregnant patients about those dangers may form the basis of liability.
Healthcare Providers
If a doctor carelessly prescribed opioids during pregnancy or failed to monitor a mother’s opioid use, they may be liable for medical negligence. Each case focuses on proving that a party’s wrongful actions contributed directly to the newborn’s condition.
What Damages Can Parents Pursue?
Parents can pursue compensation to support their child’s health and future. These damages may include:
- Medical Expenses: Costs of NICU stays, withdrawal treatment, and ongoing pediatric care.
- Long-Term Care: Therapy, special education, or adaptive equipment for developmental delays.
- Pain and Suffering: Compensation for the infant’s distress and decreased quality of life.
- Punitive Damages: In some cases, courts may award these to punish companies for egregious misconduct.
These lawsuits aim to secure the resources needed to help the child live as full a life as possible.
How Does the Legal Process Work in New York?
Filing a claim begins with an attorney reviewing the mother’s medical and prescription history, the baby’s condition, and related documentation. Once the case is filed, it goes through discovery, where both sides gather and exchange evidence. Many opioid-related cases become part of federal multidistrict litigation (MDL), though families still pursue individual damages. If a settlement is not reached, the case may proceed to trial. In New York, courts must approve any settlement involving a minor to ensure it serves the child’s best interests.
How a Medical Malpractice Lawyer Can Help Me
An experienced lawyer plays a critical role in navigating the complexities of a newborn opioid lawsuit. Legal counsel can:
- Investigate the case, review medical records, consult with experts, and determine liability
- File claims against manufacturers, doctors, or hospitals
- Accurately calculate damages for both current and future care needs
- Negotiate fair settlements or represent families in court
- A skilled attorney ensures the case is handled properly, all deadlines are met, and the child’s rights are fully protected.
Call (914) 993-0393 or send us a message online to speak with a trusted New York birth injury attorney. We offer a free consultation to explore your legal options.