Proving Liability in NAS Claims

Using opioids during pregnancy could have serious consequences for the child. Withdrawal from powerful painkillers during this time can cause short and long-term effects for babies that warrant legal action.

A range of parties could be responsible for these injuries. In some cases, the mother of the newborn might be liable for damages, especially if she obtained the prescription drugs illegally. Other times, plaintiffs claim that negligent doctors, prescription drug companies, or government agencies are to blame. You can speak with a personal injury lawyer to help you pursue compensation.

The Center for Disease Control advises women to seek medical advice before conceiving. However, should a doctor provide insufficient warning of possible NAS complications, the expectant mother may be able to point to the doctor’s omission of the drug warning as proof of negligent care.

Opioid claims can also be filed against the original prescriber of the pharmaceutical drug. Claimants may argue that the drug manufacturer or the government agency regulating the drug manufacturer failed to disclose the risk of an infant developing an opioid addiction.

To prove negligence on the part of the defendant, the complainant will need to prove that the individual, manufacturer, or agency had a responsibility to keep the plaintiff safe and failed to do so. In a NAS opioid lawsuit, an attorney would need to prove this breach of duty directly resulted in the injury.

man holding chest

Economic Damages in NAS Cases

Unfortunately, NAS can cause lasting complications for newborns. Liver and heart function may be limited, or in serious cases, the baby can experience organ failure.

Typically, children born with NAS are underweight. This can affect the newborn’s oxygen intake, thermal regulation, and weight gain. These require expensive neonatal hospital care and follow-up treatments. Children living with NAS are also more likely to require expensive prescription medications.

A NAS opioid plaintiff may be able to recover compensation for the additional medical treatments and required prescriptions in a lawsuit. A dedicated lawyer could help a plaintiff gather evidence of these additional costs.

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

Possible Non-economic Damages

Non-economic damages may also apply to some NAS lawsuits. These damages could help cover the pain and suffering of the child overcoming opioid addiction. The family could also face emotional trauma from the harm done to the infant. A seasoned NAS opioid attorney in Louisiana could help a plaintiff calculate their potential non-economic damages.

Client Testimonials Hear from locals like you.

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

D
Debbie Fontenot

Marksville

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

M
Mimi

Lake Charles

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you fo...

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you for all your hard work to all the people working on our case.

S
Sandi W.

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

M
Matt Picard

New Orleans

Michelle Brouillette is always so pleasant whenever I call or stop by the office. She always has a smile on her face.

C
Christine G.

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's,...

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

L
Lauren O'Quinn

New Orleans

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

T
Tiffany Bardwell

New Iberia

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go throu...

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

H
Hazel G.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

M
Megan Couvillon

Alexandria

Over 1,700 5-Star Reviews

Read More Testimonials

Contact a NAS Opioid Attorney for Guidance

Do not blame yourself for your newborn’s conditions. In many cases, NAS is a sign of systematic failures on the part of the medical sector. A NAS opioid lawsuit could help you recover the necessary compensation to take care of your infant. Contact an attorney today.

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(337) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 777-7777.