Placenta Encapsulation: “Client Got Sick from Placenta Pills: Product Liability for Doulas”

You processed the placenta in your kitchen, dehydrated it, and gave the pills to the mom. Three days later, she’s in the ICU with a blood infection (GBS). The hospital lab tests the pills and finds bacteria. You are now facing a “Product Liability” lawsuit. Your Doula insurance agent says, “We cover services, not goods. You manufactured a product.”

Key Takeaways

  • Service vs. Product: Making pills is considered “manufacturing.” Standard Professional Liability covers advice/support, not the safety of goods you sell/make.
  • Food Safety Laws: In 2026, many states have tightened cottage food laws. If you processed this in an uninspected kitchen, you might be negligent per se.
  • The “Product Liability” Endorsement: You must have a specific rider for Placenta Encapsulation. If it’s not listed on your Dec Page, you aren’t covered.
  • GBS Risks: Group B Strep can survive dehydration if temperatures aren’t high enough. This is the #1 cause of encapsulation lawsuits.

The “Why” (The Trap): The “Products-Completed Operations” Exclusion

Most malpractice policies have a “Products Exclusion.” It states that the insurance does not apply to bodily injury arising out of goods or products manufactured, sold, or distributed by the insured.

When you hand over a jar of pills, you are distributing a product. If that product causes sickness, the exclusion kicks in. You need a policy that specifically includes “Placenta Encapsulation Services and Products.”

[IMAGE: Placeholder for a screenshot of a lab report showing bacterial growth on placenta pills]

The Investigation: I Called Them

I looked for carriers that specifically cover the “Pills.”

CM&F Group

  • The Good: They have a specific checkbox for “Placenta Encapsulation.” If you check it (and pay the extra ~$50), you are covered for the process.
  • The Condition: You usually must hold a certificate from a recognized encapsulation training organization. “Self-taught” might not cut it.

Biologix / Specialized Carriers

  • The Analysis: There are niche carriers for encapsulators that cover “Spoilage” and “Product Liability” more broadly.
  • The Cost: Slightly higher, but they understand the science better than a general carrier.

Comparison Table

Ensuring your pills are covered.

CarrierCovers Encapsulation?Requirements
Standard Doula PolicyNO. (Usually)N/A
CM&F with EndorsementYesMust be certified/trained.
General LiabilityMaybe (check “Products”)Commercial kitchen often required.

Step-by-Step Action Plan

  1. Check the Box: Log into your insurance portal. Ensure “Placenta Encapsulation” is listed as a covered specialty. If not, add it today.
  2. Process in Client’s Home: Liability is lower if you process in their kitchen. You are then providing a “service” (cooking) rather than selling a “product” (manufacturing). It blurs the line in your favor.
  3. Use Temperature Logs: In 2026, you should photograph the dehydrator temperature reading. This is your proof that you killed the bacteria.
  4. Waiver is Mandatory: Have a specific waiver where the client acknowledges the risks of consuming biological material.

FAQ

Q: I do it for free. Am I liable?
A: Yes. Product liability applies even if the product was a gift.

Q: What if the hospital released a contaminated placenta?
A: You could still be liable for not spotting the infection (foul odor, discoloration). You are the “expert” processor.

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