• Fri, Feb 3 2012

Mommyish Poll: Should The Women Who Took Faulty Birth Control Sue If Pregnant?

birth control recallExperts are stilling weighing the outcome of that Pfizer birth control recall in which the company announced that certain blister packs didn’t actually prevent pregnancy. And while women nationwide with Lo/Ovral-28 and generic Norgestrel and Ethinyl Estradiol are holding their breath hoping that they didn’t conceive, some are already considering what the aftermath will be if any do become pregnant. And they’re saying that lawsuits are perfectly viable.

TIME considers the issue while citing I. Glenn Cohen, a professor of Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. He tells the publication that “wrongful pregnancy” is hardly a new one in the courts as people have brought forth similar cases with regard to ineffective vasectomies. Cohen also shared an additional case in which a women sued a pharmacist — and won — for mistakes in filling her birth control prescription.

MyHealthNewsDaily offered the following :

The best chance for a case, however, would be for affected women with unwanted pregnancies to band together and bring a class-action lawsuit against Pfizer, said Arthur Caplan, a bioethicist at the University of Pennsylvania. Such a case could ask for considerably more money than an individual case, and would be more attractive to lawyers, Caplan said.

“I’m sure some enterprising lawyer is already thinking of bringing a class-action lawsuit…against the company,” Cohen said.

Sorry! This poll is now closed.

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  • NotThumper

    I don’t think they should sue(and this is coming from someone whose husband is a lawyer!). The pill is not 100% effective anyway and should be used with another contraceptive if pregnancy prevention is really your aim. I agree that it was an awful mistake by the company and they should do something for the women affected…but I don’t think suing is the answer here.

  • Amy Evans

    Heck yes, they should sue. A baby is very expensive – 18 years expensive! The women trusted this medical company’s product. I say get all they can because 18 years is a LONG time!

  • Stephanie

    WTF do you mean “…if pregnancy prevention is really your aim.” IT’S CALLED BIRTH CONTROL any other reason for taking BIRTH CONTROL is secondary. Pregnancy can ruin things. I have had three lovely purposeful pregnancies with three perfect girls, and have since had my tubes tied (and have considered getting my husband “snipped” for extra protection), but a pregnancy at this point in our lives would be disasterous. The stated risk of b/c failiure is VERY low, and if their error shot the stated risk up significantly, I’d think they’d be liable. It’d be misrepresentation of effectiveness.

    • NotThumper

      Well la de day for you Stephanie, 3 perfect girls…aren’t you special. Let me educate you on the Pill, from someone who had difficulty getting pregnant. I was actually prescribed the pill to try to remedy some things aiding in my fertility. Not all the reasons for taking birth control are secondary.

      You say you want your husband snipped for added protection even though you had your tubes tied, how is that any different from saying that a woman should use another contraceptive in addition to her pill since it isn’t 100% effective?

  • Just sayin’

    Yes, they should sue. But a class action law suit will not help in raising a child for 18 years, unless they give each person around $270,000 ($15,000 * 18). Yes it costs at least that much a year to raise a kid.

  • CW

    Absolutely not! 50% of all unplanned pregnancies already result from contraceptive failure. Any time a woman has sex, she could get pregnant as a result no matter how careful she thinks she’s being. I know several women who doubled-up on contraception and STILL got pregnant. If God intends for someone to conceive a baby, it will happen, regardless of contraceptive use. I wholeheartedly reject the notion of “wrongful pregnancy”.

    • Sigh

      I was with you up until you brought God into it…

  • Jen

    Pfizer would not have made the recall without weighing the risk of a class action lawsuit. Of course they should sue, Pfizer should be held accountable.

  • Vanessa o.

    No BC is 100%. I got pregnant while I had the Paragard IUD inserted.

    I had a career in education, a two year old, a happy marriage and DID NOT want to be pregnant. Removal of the IUD caused a false miscarriage and I became very, very depressed due to leacing my career, and other emotions that came with being pregnant. I am now recovering from the past year of feeling like I had no control over my own body/life.

    Now, even though I contacted Paragard and reported my lot# and pregnancy, I will NOT sue them because I was fully aware of that 0.1%.

    There is a reason for that 0.1%.