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Product liability class action suit filed over birth control

Not all medications have life or death consequences, but the regular and timely administration of medication in appropriate doses can have a serious impact on quality of life. For some medications -- such as birth control -- any mistakes made during the manufacturing or distribution can have a profound and indeed life-long impact. New York women affected by wrongly packaged birth control pills might already be aware of the product liability claims filed against Endo Pharmaceuticals, one of the companies believed responsible for the serious blunder.

Birth control brands Cyclafem, Gildess, Emoquette, Orsythia, Tri-Previfem and Previfem were all part of the recall that yanked improperly packaged prescriptions from the shelf. These hormone-based birth controls include a total of 28 pills, seven of which are placebos. In order to be effective, the pills must be taken in the correct order and the so-called active pills are not intended to be taken with the placebos. The improperly packaged pills placed the placebos during a week when active pills were supposed to be taken and vice versa. The women who took the wrongly packaged pills were put at an unwitting increased risk for conception.

Since the Sept. 2011 incident, 117 different women have become involved in a lawsuit against the manufacturer of the contraception. Of those, 113 women became pregnant while taking the birth control pills, while 94 of them ultimately gave birth. Most of the damages being sought deal with medical costs associated with the pregnancies, lost income and even the cost of having to raise children.

These women must overcome certain barriers with which others involved in class action suits do not necessarily have to confront. Rather than simply demonstrate that the product sold to them was defective, each woman involved must actively demonstrate that she was personally affected by the wrongly packaged birth control. Although this might seem intimidating to some in New York, it is certainly far from impossible, and the successful demonstration of such can help ensure resulting legal recourse for those involved in the product liability class action suit.

Source: albanydailystar.com, "Lawsuit for out of order packed Pregnancy Pills, Caused 117 Pregrancy", June 11, 2016

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