Birth Control Recalled Due to Packaging Error

 Posted on June 03,2018 in Arlington Heights Defective Medical Device Attorney

In late May 2018, pharmaceutical manufacturer Allergan voluntarily recalled approximately 170,000 sample packs of its Taytulla birth control pills due to a packaging error. In the recalled packs, lot 5620706 with a May 2019 expiration date, had their placebo pills at the beginning of the packs, rather than the end where they are supposed to be. These four placebo pills contain no hormones and are meant to give users a “break,” during which they experience period-like bleeding, between three-week rounds of pills that contain hormones.

An incorrectly packaged medical product, such as the recalled birth control packages, is a defective medical product that can put patients at risk of suffering the effects of not receiving the medical care they need.

Product Manufacturers are Liable for the Damages Related to Their Products

When many people think of medical malpractice, they think of doctors' errors. This is certainly one type of medical malpractice that can hurt patients, but it is not the only one. The use and prescription of recalled medical products and drugs is another form of medical malpractice, as is failure to notify the public of negative side effects associated with a drug or product. When a victim suffers harm due to a defective drug or medical device, the party whose negligence led to the harm is liable for the victim's related damages. Depending on the case, this could be the product's manufacturer, the doctor or other healthcare professional who prescribed or used the drug or product with the patient, or the product's distributor who failed to notify healthcare professionals about the issues with the product.

Compensation for Birth Control Error Damages

Except for in extreme cases, birth control is not a life-saving drug or one that is critical to the patient's health in the way antibiotics and other types of curative drug are. Nonetheless, an individual who uses ineffective or incorrectly packaged or labeled birth control can experience negative health effects, including unwanted pregnancy, acne, menstrual cycle-related difficulties like PMDD, and birth defects in babies born to mothers who continued to use the birth control without realizing they had become pregnant.

• A victim can pursue compensation for her damages related to a birth control error through a defective medical product claim, such as:
• The cost of terminating an unwanted pregnancy;
• The woman's medical bills related to termination, pregnancy, or health problems caused by the medication error;
• Victims' pain and suffering damages, including emotional trauma from suffering unwanted pregnancies; and
• In some cases, the costs of birth and childcare for babies born because of birth control failures. In a 2015 class action lawsuit for a similar error, mothers sought compensation for these damages.

Work with an Experienced Chicago Defective Medical Product Lawyer

If you have suffered ill effects because of an incorrectly packaged medical product, you have the right to pursue compensation for your damages through a medical malpractice claim. Contact our team of experienced medical malpractice lawyers at Newland & Newland, LLP today to set up your initial legal consultation in our office. We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.

(image courtesy of Janko Ferlic)