Experts 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.