Thinking to sue a breast pump producer - mums, what do would you do?
Here is my situation. I am the mother of a 7 month old, and returned to work a month ago. When my daughter was about 5 months old, I decided to buy a pump to take to work later. I had a Philips Avent pump that worked quite well, however it took me around 30 minutes to pump 120 ml (4 oz), so I went for the Medela Pump In Style, which was meant to be "the only retail pump out there that had hospital pump like suction" and claimed to do the job in just 10 minutes.
So I paid £200 (0) for Medela Pump In Style. To my surprise, it didn’t wort AT ALL; I couldn’t even express a drop of milk with it. I called them and they suggested that I bought the Personal Fit breast shields (21 mm), which was the same size as Philips Avent that worked for me. Nothing changed, in my opinion it had nothing to do with the shields or anything, but the suction was just very very weak (believe me, it’s not rocket science to compare the suction when you test it on your own body).
I contacted the company and sent them the pump for testing. I also sent them a short film, where I was pumping with both Medela and Avent, the former did not work at all, the latter worked fine. They promised to get a lactation consultant to look at it. Finally they got back to me and told me the pump was working just great, and there will be no refund as it was an item of personal use. That it didn’t work for me it was my business, as it was my body that didn’t fit. I told them that was rubbish, as Avent worked ok and told them I would post the video on YouTube if they don’t refund, so that other mums don’t get trapped into the same situation. Since then I did not hear from them, they never got back to me, not with an update, not with a lactation consultant, and most importantly, they have kept my pump - useless as it is, it is still my property - for over a month.
I am so outraged by this situation, for so many reasons:
1. They sell a pump with a weak suction, that is really the only reason why it didn’t work - and by not working I mean, it did not work at all
2. They claim it is the best pump out there, and that it does the job in 10 minutes
3. They charge an enormous amount of money for it £200 = 0 as it is so proficient, which is net net just deceiving fraud
4. They held my property for over 1 month w/out even updating me why
Yes, I understand they are a big company, have good lawyers, however I think there is a point where this type of shamelessness is just enough. I am considering to sue them, not only for my £230 (pump plus breast shieldsds), but for the sake of the principle of not allowing a fat company to cash the money of mums who just want the best for their babies. It is just outrageous to produce something useless, claim it is the best product out there, charge a hell lot for it, and keep the whole amount even when it is obvious that your product does not work.
What would you mums advise? Anything from common sense to legal advice would be really appreciated.
Thanks
THE PUMP IS NOT DEFECTIVE, they said themselves it is working like any other pump. I understand it is working well for some mums, and I wouldn’t have said anything if neither Medela, nor Avent worked. PLEASE BELIEVE ME, THIS PUMP FEELS LIKE IT HAS THE SUCCTION OF A CEREAL BOWL.
Yes, I used it correctly - the tubbings, the orifice, everything.
Thanks for all your ideas related to why it might not be working. I am 100% positive I used it correctly, the membranes were new etc. In the film I sent them I filmed everything I was doing, the pump in detail with tubbings and orrifice, the bottles with the membranes, the shields etc. They never came back to tell me I was doing anything wrong.
Filed under: Avent Breast Pump Faqs
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i understand your mad, but suing is ridiculous! That’s my common sense. You have not been injured or disfigured. It didn’t put poison in the milk
Put it this way, my husband nearly died from being crushed between a roof and a fork lift. hurt very badly. The fork lift was proven to malfunctioning, by a court. Long story short, didn’t get squat from suing them If he didn’t get anything I highly doubt that you will either,
I have that same pump and it works just fine…..Maybe you just got a defective one. If you really want to sue, you’d probably have to prove it was defective. Sorry, it didn’t work for you.
That pump worked great for me.
I don’t know if a lawsuit would get you anywhere, but I would at least demand they send the pump back. You can sell it on Ebay or something of the sort. Lots of people buy used pumps, because they can’t afford new ones, they just purchase a new kit for it.
What damages would you be suing for? You can’t sue a company for being lousy. There’s no tort here, so to speak.
Try complaining here: http://consumerist.com/
Do you know any other mothers who use a Pump in Style? I would ask them to check it out. It really does sound like you’re missing something. Does it need new membranes?
These things:
http://shop.nurturecenter.com/meme6pa.html
Note the "These membranes get lost very easily, and Medela recommends you replace them every 3 months or so, especially if you notice a decrease in suction strength in your pump."
Did they ever return the pump to you? if they did not did they tell you in advance that they would not return it?
I would assume if you did persue a lawsuit they would settle fairly quickly if you ask for a reasonable sum. Most big companies do not want the bad publicity.
EDIT: In the United States anyways you can sue any one for any thing. It does not mean you will win, but you can do it. I also have the same pump and it works great for me (better on one side than the other) but still works great.
They should give you refund!! Thats crap!! I would be inclined to think it was just broken, as i have that pump and it works great! (sorry, not trying to add frustration)
If they don’t return it to you i definately sue, but if you do get it back, i would just try to resell it (maybe it would work for a friend/loved one)
best of luck!! xoxo
I had a Medela pump, and it was awesome.
Did you check that the tubing was put on tightly? Did you cover up the other little whole where the second tubing would go if you were only pumping with one breast? That is a mistake a lot of women make. They forget to cover that little hole where the second tubing would go when pumping one breast. It reduces the suction big time. The Medela is awesome. Any problems I ever had with suction was due to user error, like maybe the tubing wasn’t on right or I didn’t have it on correctly on my breast…
As a mom myself, I tried pumps. I didnt like any of them. I wouldnt say you can sue them for it. I mean honestly… would it be worth the time or money? I would just let it be known that it does not work. Call the company and ask to speak with someone at the top of the chain. Good luck, remember… expensive stuff is not always the best!
There was no fraud here. There is no guarantee that this product will absolutely work for everyone.
You are entitled to having your pump returned. Send them a registered letter and indicate that they have 30 days to respond and send your pump back, or else you’ll file a claim against them for the cost of your pump plus legal fees. Make sure you send it by registered mail so you can prove it was received.
I totally agree what they’ve done is wrong, they should at least send you back the pump and give you some sort of compensation i.e. gift vouchers since they can’t refund you for hygenic reasons.
Since i’m kind of clueless on the law you can call citizens advice, they’ll give you free advice about what you can and can’t do, and if you’d stand a chance suing them!
They have to return the pump to you if they will not give refund then the thing belongs to you, and they have to return it I mean at the very least you could possibly sell it half price or something to someone it may possibly work on, if the will not refund and will not return it then YES SUE SUE SUE
So if i was in your position and i paid that damn much for a pump i would DEMAND a Refund.. and if they deny you one ask to talk to the person HIGHER than them.. guaranteed theres another boss of a boss of a boss.. and keep trying… You did a lot to prove it didnt work and they cant tell you "its because of your body type or whatever" thats bull and theres nothing on the pump box that say "May not work with certain ppl" thats a load of crapola.. You can throw in there face that they’re falsly advertising. Try that before you sue.. If it was just 20 bucks or something id let it go.. but not for hundreds..
Good luck.
They need to either a) refund your money or b) return the pump (so you could at least recover some of the cost or find some use for it), so yes you have a good point and I believe it’s totally reasonable. It’s very unfortunate they treated you in this manner, you’d think simply for PR sake they help you out, used to be where I worked if someone complained, even if it was baseless, we at least sent something to them - like a nice selection of our products.
I understand why you are so mad (and I’d be too) but I have read TONS of nad reviews on that pump. I have a friend who works for LLL and she told me the best electric double pump there is is the Ameda Purely yours, which is what I will be buying for this baby. I own already an avent manual one, and it worked fine with my daughter, but since it was manual it was a pain to spend all that time pumping to get only 3-4oz. I would write back again asking them to return your pump. Why do they still have it!
I found it depends on what fits your breast best. The suction only works at optimal levels when fitted correctly. Your breast just may not work correctly. I would ask them simply to return your money since it doesn’t work for you. I used the Medela and it was the only one that worked for me and the Phillips didn’t do anything. The Le Leche League (a lactation group here in the states… don’t know if they have that in the UK which is where I assume you are since you pay in pounds and say mum
) came and showed me how to use the pumps and this was what I was told. When I sent mine back to Phillips saying it didn’t work for me they gave me my money back and took the product back no problem. I know you asked them once but I would tell them you are planning on seeking legal representation if they don’t not return your money. You could also get the product back and sell it on ebay or something and get most of your money back as it likely will fit someone else better than you.
As for having it on video, I wouldn’t know if they would be able to tell if you are doing it wrong on the video. The group that showed me how to do it said you can tell when you insert a finger with the pump on the side of your breast. If you can work your finger in the side you aren’t getting a good enough latch.
Sorry for your trouble. I understand how frustrating it can be.
I don’t think suing anyone is the answer. In the long run that’ll only make the cost of the pump that much more expensive. Someone has to absorb legal fees and the company is going to recoup losses on the retail front. What would you sue them for? I know several women who use the Medela Pump in Style and it works great for them. My daughter used it when she went back to work as a teacher. She had only 10 minutes to pump and it did the job just fine for her. So, fraud really isn’t an issue. Everyone’s breasts are different so individual breast pumps are going to work better for some moms while another pump might work better for you. Since the Medela didn’t work for you perhaps you can ask for a refund of the purchase price, but I don’t thing suing is going to benefit you. I think if you insisted they keep the Medela and refund you the price and simply use the Avent that does work every thing would be just fine. As far as taking 30 minutes to pump, that actually isn’t unusual. Pumping just doesn’t empty a breast as efficiently as your baby can. Large companies like Medela have to deal with individual situations on a first come first serve basis so I think the fact they kept your unit for 1 month was probably a reflection of them working on someone else’s pump first. I think you’ll want to be careful about what you post on line about this particular company and this breast pump. Be factual, but watch you don’t cross the line in to slander. Personally, I think the world is just too sue happy and that is one of the many reasons why prices keep going up. It’s expensive to fight law suits and keep increasing insurance to cover this type of thing. It’s the consumers who take the hit for the extra expenses.
Write them a registered letter giving them a deadline something like 10days to answer you and return your pump if not you will take legal action against them.
You probably got a lemon and they have to refund you… it’s not negotiable!!!! All companies have to stand by their product.
I find too many people give up too easily. Fight!
And Good luck!
Do you know a lawyer ? If not, have you seen one to get his opinion ? That would be the first step to even determine if you have a valid case or no.
I understand how angry you are, I would be too, but that does not necessarily meam you have the grounds to sue. Refunds and guarentees are moslty on a volontary basis by the manufacturing companies.
It will probably all depend on the fine print in the instructions manual. Sadly, I’m pretty sure a major company like this one will have a line or two stating that said pump might not be effective for all woman or something like that. So no fraud charges possible, legally you are required to take into account the fine print….
You were not injured by the pump, even if it didn’t work, so no product liability claim either.
MAYBE you could go after them because the ”usual expectations” for a product where not met (ie that it would pump milk…) but a lawyer would better be able to tell you. Plus before you actually sue, you will send them a ”mise-en-demeure” (sorry I’m french and have no clue what the translation would be…) Basically a registered letter stating your case and your intention to sue, giving them 30 days to respond. It will be much more likely to be answered and taken seriously if it is from a lawyer firm. Even if you CAN’T sue, you may be able to get your money back this way, and maybe some compensation !!
May I suggest you re-post this in the legal section, you might even be able to get a free opinion or two from actual lawyers (although as always on this site, beware of phonies…)
Good luck !