Lo/Ovral-28 tablets and Norgestrel and Ethinyl Estradiol tablets (l-r) recalled by Pfizer. (AP graphic)
GRAND RAPIDS (WZZM) -- Michigan women who used the faulty birth control and got pregnant cannot sue drug maker Pfizer.
Previous Coverage: Pfizer recalls 28 lots of birth control pills
State law prohibits families from suing for "wrongful birth," and experts say there is no federal law that overrides it. But lawyers say affected women shouldn't give up on their case.
"By all means, submit a claim with the company and consult counsel," says Nelson Miller, associate dean at Cooley Law School in Grand Rapids. "There's good reason to do that here because again there may be some form of remedy the company is willing to offer, or they may find that the mother be entitled to some damages, even if not for the child itself -- the cost of rearing a child, or something of that nature.
Michigan's ban on wrongful birth cases took effect in 2001 because judges found it hard to attach a negative value to a child.