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Mistake in Birth Control Packaging Could Result in Unintended Pregnancy

The FDA is recalling birth control pills that, if taken, could actually lead to pregnancy.

Baltimore, Maryland’s Lupin Pharmaceuticals Inc. announced today that it has voluntarily recalled a lot of Mibelas 24 Fe (Norethindrone Acetate and Ethinyl Estradiol 1 mg/0.02 mg chewable and ferrous fumarate 75 mg) Tablets at the consumer level.

A confirmed market complaint indicated a packaging error, where the blister was rotated 180 degrees within the wallet, reversing the weekly tablet orientation and making the lot number and expiration date no longer visible. Placing these pills in the wrong order, users of the birth control will have taken four non-hormonal placebo tablets as opposed to the active tablets which should be taken during the first four days.

And even though the active pills are differently colored from the placebos — white for the hormones and brown for the others — the FDA says users run the risk of becoming confused without the proper labeling. The mistake in packaging could result in unintended pregnancy.

The lot number is L600518 and the expiration date is May 2018.

Those with recalled packs of pills, are asked to call your doctor and return it to the pharmacy immediately.

Is There Such Thing as Wrongful Pregnancy?  Yes.  

Despite being veiled in laughable irony, this is actually a very serious issue and brings with it its own set of far-reaching legal and moral questions, implications, and consequences. Many women are not ready to have children, many women are not healthy enough and/or not physically capable to endure pregnancy and carry a child to term.  Some women have been pre-disposed to certain pregnancy complications.   Some women just plainly do not want to have kids.  To avoid the possibility of unwanted pregnancy, women take birth control.  But when an egregious manufacturing defect like this one actually causes a pregnancy rather than helping to avoid it, there are laws that come into play to help parents bring a claim against the manufacturer to seek damages for certain cost burdens associated with that pregnancy and the introduction of that new baby into their world.

Under Tennessee law this is called Wrongful Pregnancy and/or Wrongful Conception, and is defined as:   an action brought by parents on their own behalf to recover damages resulting from failed pregnancy avoidance technique such as vasectomy, tubal ligation, abortion or mis-filled birth control prescription, and resulting child is usually healthy.

While damages for the actual rearing or bringing up of the child are not recoverable in Tennessee, damages recoverable upon proper showing in a wrongful pregnancy action include all medical expenses for failed avoidance procedure and for pregnancy and delivery, costs of prenatal care during pregnancy, expenses of any medical complications arising from avoidance technique or pregnancy and delivery and expenses of period of postnatal recovery, damages for pain and suffering from time patient discovered she was pregnant until she recovered from child birth, and damages for lost wages during pregnancy, delivery, and some period of postnatal recovery.

Making the decision to become pregnant is a life-altering step. An unanticipated pregnancy can be extremely trying on you and your significant other and bringing a wrongful pregnancy claim on your own can simply be overwhelming.  If you need the help of a lawyer you can count on to help you through making the right decisions during this tough time, choose us.

The Rocky McElhaney Law Firm’s dedicated attorneys serve injury victims across Tennessee and the Southeast.  If the battle is big and the fight is tough, Rocky and his team of aggressive, no-nonsense personal injury litigators can make sense of your claim and fight for what you deserve for your injuries.  Don’t settle for less.  Call Rocky Law today for a free consultation.  We fight for you! (615)425- 2500