After Pfizer voluntarily recalled one million packages of Lo/Ovral-28 tablets and generic Norgestrel and Ethinyl Estradiol pills due to a packaging error, concern of unplanned pregnancies abound.
The pills are normally packaged with 21 active pills and 7 placebos. However, the recalled packages could have the placebo and active pills out of order or contain pills with the wrong dosage. It is possible for women to become pregnant while taking the pills from the defective packages.
Typically, wrongful pregnancies have been considered in the courts much like medical malpractice suits, and have included lawsuits over botched vasectomies that allowed for unplanned pregnancies. At least one lawsuit was filed and won against a pharmacist who errored when filing a woman’s birth control prescription.
University of Pennsylvania Bioethicist Arthur Caplan has said that women who become pregnant because of the defective pills should come together and bring a class action lawsuit against Pfizer, which would probably garner higher damages and would be more attractive to attorneys.
Pfizer requests that any woman who is adversely affected by the recalled birth control should report the event to Akrimax Medical Information at 1-877-509-3935.