Birth-control pill suit planned
Victoria woman who became pregnant files proposed class-action lawsuit against firms
A Victoria woman who became pregnant last November while using birth-control pills has filed a proposed class-action lawsuit.
Taylor MacKinnon, who is expecting a baby girl in August, is suing Pfizer Canada Inc. and Wyeth Canada, manufacturers of Alesse 21 and Alesse 28 oral contraceptives.
In a statement released by her lawyer, the 23-year-old said she planned to have children someday when her career was more established and she was financially stable.
“Becoming pregnant while taking Alesse has impacted my life and my partner’s life as I am now less than a year out of school with a large student loan and he is only completing university this spring,” MacKinnon said.
“He must now look for work to support a family, and I, taking leave from my career much earlier than planned, am left less established in my field of work upon return. Opportunities to further our educations will need to be put on hold as well, affecting both our future careers.”
MacKinnon’s claim states that she had taken Alesse since January 2014 and had never become pregnant.
On Dec. 1, 2017, Health Canada issued a safety alert about Alesse 21 and Alesse 28, advising women that certain packages could contain broken or smaller pills, which could reduce their effectiveness in preventing pregnancy. The complaints involved packages from Alesse 21 Lot A2532, which expires August 2018, and Alesse 28 Lot A3183, which expires April 2019. It was not known if the problem was contained to these lots.
Women were advised to check their pills before and after taking them out of the blister package and not to consume a pill if it looked unusual — if it had a different, paler colour or jagged edges or was broken or smaller than usual. The alert said packages with an unusual pill should be returned to the pharmacy and replaced.
MacKinnon had filled a prescription for Alesse 21 on Oct. 22, 2017. She had two pills left in the pack when the pharmacy called her on Dec. 6, to notify her of the safety alert.
The claim says MacKinnon became pregnant sometime between Nov. 22 and Nov. 27. She continued taking her pills as prescribed until Dec. 16. She discovered she was pregnant on Dec. 17.
The notice of claim says MacKinnon would not have used Alesse 21 if she had been provided accurate information and warnings. She did not want to become pregnant and was taking Alesse to avoid getting pregnant.
Vancouver lawyer Anthony Leoni of Rice, Hart, Elliott LLP, the firm representing MacKinnon, said they have received many inquiries from women who have been affected by Alesse.
“The interest has exceeded our expectation,” Leoni said. “During the next phase, we would like to hear from women who have been affected, particularly those who took Alesse from the recalled lots and become pregnant. We will also be investigating whether the manufacturing issue was confined to the recalled lots or if other lots were affected.”
The notice of claim will be brought before B.C. Supreme Court in the next six to 18 months for certification as a class action, Leoni said. The claim states that the defendants owed a duty to MacKinnon and others to ensure Alesse 21 and Alesse 28 were safe and effective. The defendants were negligent because they failed to implement a timely recall of the pills once they became aware of the risks of unintended pregnancy and manufactured a product that had an unreasonably high risk of breaking before ingestion, says the claim.
MacKinnon is suing for personal injury, special damages for medical and out-of-pocket expenses, loss of both past and prospective income and cost of future care. “The conduct of the defendants warrants a claim for punitive damages. They have conducted themselves in a highhanded, wanton and reckless manner, without regard to public safety,” the notice of claim says.
The defendants have 21 days after being served to respond.