Can Our Family Sue if Our Baby Died after Using Teething Tablets Containing Belladonna?
If your child died after using a teething tablet containing Belladonna, including the following, you may have a wrongful death claim and have the right to sue for compensation and justice:
- Hyland teething tablets
- CVS Homeopathic Infants’ Teething Tablets.
Attorneys Fred Pritzker and Brendan Flaherty are investigating.
According to Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research:
“The body’s response to belladonna in children under two years of age is unpredictable and puts them at unnecessary risk. We recommend that parents and caregivers not give these homeopathic teething tablets to children and seek advice from their health care professional for safe alternatives.”
Does Our Family Have a Wrongful Death Case if Our Infant Died Several Years Ago?
Possibly. Every case has a “statute of limitations,” which is a time limit for filing a lawsuit seeking compensation in civil court. Generally, the statute of limitations does not start to run until there is sufficient evidence available to determine who can be sued.
FDA Finds High Levels of Belladonna in Certain Teething Tablets
After reports of baby deaths associated with using teething tablets, the U.S. Food and Drug Administration (FDA) did a laboratory analysis of these products and “found inconsistent amounts of belladonna, a toxic substance, in certain homeopathic teething tablets, sometimes far exceeding the amount claimed on the label” (FDA). In a January 27, 2017, news announcement, the FDA discusses these findings and urges consumers not to use these products: “homeopathic teething tablets containing belladonna pose an unnecessary risk to infants and children.
Company Refuses to Recall Hyland Teething Tablets
Armed with the results of the laboratory analysis, the FDA contacted Standard Homeopathic Company in Los Angeles, the manufacturer of Hyland’s homeopathic teething products, requesting the company to issue a recall of its homeopathic teething tablet products labeled as containing belladonna. As of January 27, 2017, the company has not agreed to conduct a recall.
The FDA is recommending that “consumers stop using these products marketed by Hyland’s immediately and dispose of any in their possession” (FDA). If your baby died and you have these tablets, contact attorney Fred Pritzker or attorney Brendan Flaherty at our law firm before doing anything. These tablets may be evidence that could be used in a lawsuit against the company.
CVS Teething Tablets Recalled
In November 2016, Raritan Pharmaceuticals (East Brunswick, New Jersey) recalled three belladonna-containing homeopathic products, two of which were marketed by CVS:
- UPC: 050428424162
Product: CVS Homeopathic Infants’ Teething Tablet 135 tablets
(Please note that CVS has already taken a market action on this product as of September 30, 2016) Lots: 41116 and 43436
- UPC: 778159090639
Product: Kids Relief Homeopathic Ear Relief Oral Liquid 0.85 fl. oz. Lot: 35254
- UPC: 050428441633
Product: CVS Homeopathic Kids’ Ear Relief Liquid 0.85 fl. oz. Lot: 33149
Homeopathic Teething Products Not Evaluated or Approved by FDA
Homeopathic teething products have not been evaluated or approved by the FDA for safety or effectiveness. The agency is unaware of any proven health benefit of the products, which are labeled to relieve teething symptoms in children. In September 2016, the FDA warned against the use of these products after receiving adverse event reports.
What Are Signs and Symptoms of Belladonna Toxicity and What Should I Do if My Baby Has One?
You should seek medical care immediately if your child experiences any of the following after using teething tablets containing Belladonna:
- difficulty breathing
- excessive sleepiness
- muscle weakness
- skin flushing
- difficulty urinating
$10 Million for Babies Injured by Another Health Product
We represented the parents of several premature infants whose intestines were horrible damaged by a food additive in a health-related product. The company that manufactured the food product denied any wrongdoing and claimed that because the additive was generally recognized as safe it in adults that the company could not be held accountable. Attorneys Fred Pritzker and Brendan Flaherty argued that the company should be held accountable because the additive had not been proven safe for the intended users, premature infants.