A Victoria woman has filed a class action lawsuit against a Canadian pharmaceutical company after hearing about a recall of her birth control brand and discovering she was pregnant.
Taylor MacKinnon, 23, was taking Alesse 21, a prescribed oral contraceptive since 2014 without any pregnancies.
On Dec. 1, 2017, Health Canada issued a safety alert recalling some packages of Alesse 21 and Alesse 28 they said might contain broken or smaller than usual pills, which would reduce their effectiveness.
The contraceptives affected include Alesse 21 pills from lot A2532 and Alesse 28 from lot A3183, manufactured by Pfeizer Canada Inc.
It was not known at the time if other lots were affected.
MacKinnon heard of the announcement on Dec. 6, 2017 and discovered she was pregnant Dec. 16, 2017. She has decided to carry the pregnancy to term, and she and her partner are expecting a daughter in August.
According to MacKinnonB次元官网网址檚 lawyer, Anthony Leoni of Rice Harbut Elliott LLP, MacKinnon did not take pills from the specifically-mentioned lots, but claims that there is a risk that other lots could be affected. He also said she would not have chosen to continue taking Alesse 21 if she had known about the recall earlier.
Leoni said the unintended pregnancy is part of a larger story of womenB次元官网网址檚 reproductive rights, and that the companyB次元官网网址檚 approach to the recall was negligent and a failure to properly warn women.
B次元官网网址淭his has been an impact on her career choices,B次元官网网址� Leoni said. B次元官网网址淩eproductive health is a playing field between men and women with what they can choose to do with their life and careers. This is what was taken away from women who take Alesse. B次元官网网址�
Leoni noted that while thereB次元官网网址檚 always a risk in taking birth control pills, Alesse claims the chances of unexpected pregnancies when taking the pills as directed, are less than one per cent.
B次元官网网址淲e want to establish that the risk was much greater with these lots,B次元官网网址� Leoni said.
The law generally does not cover damages for the lifetime cost of raising a child, but Leoni said the lawsuit is still pursuing compensation for damages for the disruption to MacKinnonB次元官网网址檚 life as a result of the unplanned pregnancy.
In order for the class action lawsuit to carry forward, at least one other woman needs to come forward with a similar claim.
