A packaging mistake by Allergan could have caused consumers to mistakenly think they were taking effective birth control pills when they were just taking a placebo. In a story reported in the Sun-Sentinel, Allergan is recalling lot 5620706 of its birth control pill Taytulla because of packaging errors. About 170,000 packages are part of the recall.
Fortune magazine reported that doctors were given samples of the Taytulla birth control pill. The doctors, in turn, were reasonably expected to give the pills to their patients. The placebo error was first noticed by one of the physicians who received a sample pack.
The mistake was not that the packs had placebos. The medical error was in the placement – the order – of the placebos. Normally, the birth control package should contain 24 pink capsules that have the oral contraceptive hormones. The last four should be maroon capsules that are placebos. In the Taytulla packages, the marron placebo capsules were the first four pills. Placebos do not provide birth control protection. Women who took the placebos were at an increased risk of an unintended pregnancy.
The tainted Taytulla packages were placed into circulation in August 2017 and have a May 2019 expiration date. Consumers are being advised that they should return the pills to their doctors. Anyone with questions is encouraged to call Allergan’s customer service number 800-678-1605 during the weekdays.
Types of legal claims that could be brought for an unwanted pregnancy due to a placebo
In Florida, parents are allowed to bring a wrongful pregnancy claim. The basis of the claim would include negligence and product liability.
The damages in a wrongful pregnancy claim are generally limited to:
- The cost of the medical bills to bring the baby into the world
- Lost wages if the mother was unable to earn a living while pregnant
- The mother’s pain and suffering during the pregnancy and the recovery
In most cases, giving birth to a child is considered a wonderful life event. For this reason, states often limit wrongful pregnancy damages to the extra costs and suffering of the pregnancy. Parents generally cannot sue for the cost or time to raise the child. But if you’re taking a specific medication to avoid a pregnancy, and that medication fails because of a mistake made by the manufacturer or packaging plant, you may be able to make a claim for damages.
The experienced Fort Lauderdale product liability lawyers at Yeboah Law Group have the resources and skills to hold manufactures of defective birth control products, doctors who perform incorrect sterilization procedures, and others liable for their negligence or wrong. To understand if you have a claim, please call us at (800) TELL-SAM or complete our contact form.