Products Liability Lawsuit Resulting from the Sale of Defective Birth Control Medication

A class-action lawsuit was recently filed against Qualitest Pharmaceuticals for manufacturing a defective birth control medication, allegedly resulting in several unplanned pregnancies. The pharmaceutical company withdrew eight birth control pills from the market after learning that a packaging error may have caused consumers to take the incorrect pills, thereby increasing the likelihood of becoming pregnant. The pills were mistakenly packaged in the reverse direction in their containers, which might have led some consumers to take placebo pills during the week designated to take active hormone-containing pills that would have prevented conception.

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By successfully winning their lawsuit, the plaintiffs hope to recover millions of dollars to compensate the exorbitant costs of childrearing resulting from the unplanned pregnancies. In order to successfully recover damages, the plaintiffs must provide evidence that their pregnancies resulted from the faulty pill placement rather than from their own mistake in medication use, such as from misinterpreting instructions on the dosing of birth control pills.

In rebuttal, the defendant contended that merely 53 out of 500,000 distributed pill packs were packaged incorrectly. Attorneys also acknowledged that it may be difficult to successfully file a class action lawsuit against Qualitest Pharmaceuticals, in which multiple plaintiffs collectively bring a claim against the defendant, because the pharmaceutical company has only verified the sale of one pack of defective birth control pills to a single consumer.


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The law firm of O’Connor, Parsons, Lane & Noble has significant experience handling products liability lawsuits, including personal injury cases that result from the use of unsafe or defective drugs. Manufacturers are responsible for ensuring the quality of their products and for informing the public about complications that may arise after taking a certain medication. Medication should be safely packaged and clearly labelled with directions for proper use, as well as warnings about any possible side effects that can occur. If you or a loved one has suffered from a serious ailment or another consequence attributed to the use of a defective drug, you may be entitled to receive a just settlement to relieve overwhelming financial pressures and to compensate your pain and suffering.

Paul A. O’Connor

Some say he’s half man half fish, others say he’s more of a seventy/thirty split. Either way he’s a fishy bastard.

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