Reference no: EM13667642

Babyban is an oral contraceptive manufactured by Medline. Unlike some other birth control pills, it has no known undesirable side effects; however, it is completely ineffective with about 0.5% of all women. Babyban could not be made 100% effective without creating a risk of serious side effects. Babyban is advertised to doctors and can only be obtained with a doctor's prescription. The packaging does not mention that the medication is ineffective with some women, although Medline provides the effectiveness information to the physicians to whom promotional literature is sent.

Janice and Jack Pott had two children, ages 10 and 17. Jack's salary, their only source of income, was $40,000 a year, and was not likely to increase significantly. In May 2005, Janice and Jack decided that two children were as many as they could hope to raise and educate adequately. Deciding not to have more children, Janice's doctor prescribed ChillPill, a contraceptive she took regularly until September 2005 when the couple spent two weeks visiting their friends, the Poole's in Florida. When Janice unpacked her bag, she discovered that she had forgotten her Chillpills. Mrs. Pool told Janice that she would give her some Babyban pills which the Poole's family physician had prescribed. Although her doctor had warned her that Babyban was not 100% effective, Mrs. Poole did not mention this when she gave the package to Janice. Janice took the pills as directed on the package during the two-week visit. In November 2005, Janice learned she was pregnant.

Since learning of Janice's pregnancy, the Potts have suffered from severe insomnia caused by economic worries, and as a result Janice has been treated by a psychiatrist for depression. Their 17-year-old daughter, Flower, has also been emotionally upset and under psychiatric treatment since her parents told her that they now could not afford to send her to college. Janice refused to consider abortion for religious reasons, even though her doctor assured her that it would present no danger to her health. Both the pregnancy and the birth were normal and uneventful. Smokey Pott, a healthy baby, was born in June, 2006. Smokey was conceived during the time Janice was taking Babyban.

On what legal theory or theories, and for what injuries, might Jack, Janice, and Flower recover from Medline? Provide arguments for all parties, determine which party wins for each cause of action, and provide support for your decision