Earlier this month, a lawsuit was filed in Philadelphia, alleging that improperly packaged birth control medication resulted in over 100 unplanned and unintended pregnancies. According to one national news source, the drugs involved are Cyclafem, Emoquette, Gildess, Orsythia, Previfem, and Tri-Previfem.
Evidently, the birth control medication was packaged incorrectly, decreasing the drug’s effectiveness in preventing pregnancy. Normally, birth control medication comes in a blister pack, one pill for each day of the month. Twenty-one of the pills contain hormones that prevent pregnancy, and seven of the pills are a placebo. Women taking the medication are supposed to take it in order, without mixing the hormone pills with the placebo pills. By incorrectly packaging the drug and mixing up the order of the pills, the plaintiffs allege that the manufacturer of the medication was negligent and that its negligence resulted in the unplanned pregnancies.
A few days prior to the filing of this lawsuit, a similar one was filed in Georgia. However, the judge hearing that case denied the plaintiffs’ request to be certified as a class in order to proceed as a class action lawsuit. The judge explained that “each plaintiff must show in an individualized manner which ‘physical symptoms’ she suffered, her medical history, and whether her use of any allegedly defective product resulted in these physical symptoms or a pregnancy.” Since each of the women’s situations was different, the judge declined the request to certify the class.