After using a contraceptive foam advertised as 100% effective if used as directed, plaintiff became pregnant.


A question of damages arises due to the birth of the unplanned child (the child showed no adverse effects from the mother’s use of the foam). The plaintiff claimed she used the product as directed, but said that the product was old and that she had some difficulty with its application, since it did not flow easily. She has also experienced skin and vaginal irritation, such as numbness and burning.[85]

About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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