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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.

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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.

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I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

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Baton Rouge

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.

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New Orleans

They have good to keep me updated on the case but so far the settlement has not been reached.

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I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

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Lake Charles

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Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

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kelly

Lake Charles

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

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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.

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