Baltimore Medical Malpractice Lawyers: Birth Control Defective PackagingNovember 18, 2015
A class action lawsuit has been filed on behalf of 113 women who say their incorrectly packaged birth control pills made it possible for them to become pregnant. The women are seeking millions in damages from Qualitest Pharmaceuticals, a subsidiary of Endo Pharmaceuticals. The lawsuit follows a 2011 recall of eight different kinds of oral contraceptives after it was discovered that the rows of pills inside the blister packs were placed upside down. The mistake caused women to take placebo pills when they should have been taking the pills containing estrogen and progesterone. These hormones work to prevent the release of an egg by fooling the body into thinking that it already has done so. These pills, if taken in the wrong order, can leave a woman susceptible to becoming pregnant.
Of the 113 women who became pregnant, 94 went on to give birth. They are seeking damages for lost income, medical expenses, emotional distress and in some cases, the full cost of raising the child into adulthood. In order to win their case, they must effectively prove that the faulty packaging was the cause of their pregnancy. This will not be easy. Several earlier attempts to bring action against Qualitest Pharmaceuticals have been unsuccessful. The company claims that the 2011 recall was entirely voluntary and that the number of affected packets was small. Of the 500,000 packs that were returned, only 53 were packaged in the wrong order. The company was able to confirm only one defective pill packet was sold to a patient.
While 41 states recognize a cause of action for wrongful pregnancy, most cases involve medical malpractice claims that arise from a doctor’s sterilization mistake, not defective contraceptives. Additionally, the total amount that a plaintiff can recover in a wrongful pregnancy lawsuit varies widely by jurisdiction. In some states, parents can seek full recovery, including the cost of a college education. In others, including Maryland, the amount a plaintiff can recover may be limited by the tort benefit rule. Under this rule, a jury can reduce an award by the pecuniary and non-pecuniary benefits, such as the joy, comfort and society the parents receive from having the child.
Baltimore Medical Product Liability Lawyers at LeViness, Tolzman & Hamilton Handle Wrongful Pregnancy Cases
If you have been affected by a defective or improperly labeled drug, you may be entitled to compensation. Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton have the experience and the resources to take on negligent pharmaceutical companies and bring them to justice. Call 800-547-4LAW (4529) today to schedule a free case review with one of our dedicated and highly skilled Baltimore medical malpractice lawyers. Someone is available to take your call 24 hours a day or you can contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie and Towson, allowing us to represent clients throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood and Elkridge.