Who is responsible for the blood test?

Question

Who is responsible for the lead test that my daughter will be getting? She has every lead toy recalled and many of them she has chewed on. I have an appointment with her peditrician later this week to get the test but I do not feel that I should have to pay for the test. what are my choices

Answer 1

You would likely spend much more time and money getting Fischer-Price to reimburse you for your co-pay then you you will if you just pay for it yourself. It's not as if you can wait for a 10 year legal battle.

Go ahead and get the test. You can try contacting Fischer-Price afterwards to see if they will reimburse you.

My guess is that they will not. Unless your child is ill, and it is proven that he/she became ill as a result of chewing on the lead-painted toys, FP won't give you a dime.

Such is life.

Your best bet is to just go ahead with the test and then leave this behind you (assuming that your child suffered no ill effects).

Answer 2

I work with insurance claims all the time as I am a claims adjustor. What needs to happen here is you will have to pay out of pocket for the tests, most likely copays or coinsurance. Once all the test come back positive, or if they do, then all the bills you have paid towards the test need to be brought to a lawyer who specializes in injury law. After all is said and done, you should be reimbursed for anything oop you had to pay.

If the tests are positive for lead, make sure that all the diagnosis for your daughters treatment say that it is lead poisoning. That is very important to prove your case and to prove that everything you paid was to improve your daughters condition.

Answer 3

As the parent, you are responsible for your daughter's health and therefore for the lead test.

I know you are angry, especially at toy manufacturers that include lead in their products. However, if she has had numerous toys made by different manufacturers (some of them probably overseas! US guidelines often aren't followed there) it may be difficult to "prove" which toys are responsible. You may want to do some research rather than relying on our advice.

Since you don't mention the toy manufacturers by name, it is difficult for us to give advice regarding reimbursement for your daughter's tests and possible treatment. Knowing the manufacturer may be crucial, as there may be class-action lawsuits already in progress that you can join.

Take care of your daughter's health first. Again, I know you're upset; as a parent you should be able to purchase food, clothing and toys for your child without endangering her health. I myself was a victim of the recent peanut-butter salmonella contamination but chose to pay for my own care.

Answer 4

Your insurance company may cover the cost of the test. However, you may want to contact the toy company and see if they are willing to pick up your part of the tab.

Answer 5

Syd,

You can get a personal injury lawyer to take the case and all medical bills and treatment will be covered.

Sorry to hear that. I hope your kid does not have an elevated lead level because it can be devastating to their development.

Answer 6

You will probably have to pay, and if something bad realted to the toys is found, you will probably be refunded by the company for the money that you put out

Answer 7

Sue the person whom u consider responsible. In USA, u might find a lawyer also to work for u on percent basis.

Answer 8

whats more important then your daughters health? pay for the test and if she has high levels of lead then sue and when you do can include the test.

Answer 9

You can contact the company which recalled the toys. There is no guarantee that they will do anything.