Some New Mexico residents may have heard about a 2011 recall of birth control pills as a result of a problem in packaging. The orientation of the pills was reversed in a way that led to women beginning the month with sugar pills rather than taking them at the end of the month. The recall was voluntary, but a group of women who became pregnant are now suing the manufacturer. The lawsuit, filed against Qualitest Pharmaceuticals in Philadelphia on November 5, has as plaintiffs more than 100 women from 28 different states.
Endo Pharmaceuticals is the parent company, and according to a spokesperson, an external contractor manufactured the pills, and only one defective pack was sold to a patient. However, an attorney associated with an earlier attempt at a class action lawsuit in Georgia that a judge dismissed said that damages from unexpected pregnancy included a woman who had to give up a child for adoption and women who had to cut short their educational pursuits.
Some plaintiffs in the new lawsuit are asking for the cost of a child’s education and of raising the child to be covered. Some states have laws about wrongful pregnancy and conception while others have laws about wrongful birth.
In Arizona, these types of cases will weigh the benefits of having a child against the cost and award that amount in a successful case. Individuals in Arizona who have conceived a child due to a medication error may wish to consult an attorney. The cost of raising a child can be difficult to manage even in a family that plans ahead, and when the pregnancy is unexpected, there can be additional complications to employment, education and more. If the medication error is a result of a manufacturer’s error or medical malpractice, a lawsuit may be successful.