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.
Potential Damages for Accidental Birth
Like other drug manufacturers, the makers of birth control pills are held to certain standards when it comes to the quality of their products. While no one was injured in the traditional sense by taking the medication, the plaintiffs’ lives certainly were gravely affected by the medication error.
The article above discusses what remedies may be available for those women who inadvertently got pregnant while taking the medication. Of course, medical expenses will likely be included in any award package. However, other amounts may also be available. For example, a successful plaintiff in a wrongful conception claim may be entitled to compensation for the costs associated with raising the child until the age of 18.
This area of law is far from developed, and states vary widely on whether the cause of action is available and what damages may be recovered. Some states even allow for college tuition costs to be built into the final verdict amount. If you have questions about a wrongful conception case, seek out a dedicated Maryland personal injury attorney.
Have You Become Pregnant While Taking Birth Control Medication?
If you have recently become pregnant or given birth while you were taking birth control medication, you may have a products liability case against the manufacturer of the medication. Of course, these claims can be very complex and should be handled by an experienced personal injury attorney to ensure that all procedural rules are complied with. To learn more, call 410-654-3600 today to set up a free consultation with a dedicated personal injury attorney.
More Blog Posts:
New Study Shows Post-Op Medication Errors More Common than Previously Thought, Pharmacy Error Injury Lawyer Blog, November 2, 2015.
Pharmacist Mistakenly Provides Chemotherapy Drug to Elderly Patient and Then Tries To Cover Up His Mistake, Pharmacy Error Injury Lawyer Blog, October 7, 2015.