Taylor MacKinnon is a 23 year-old Victoria woman who discovered she was pregnant shortly after she heard of a recall of her birth control brand, Alesse. She has now filed a class action lawsuit against the pharmaceutical company, Pfeizer, which is responsible for the brand. (FILE CONTRIBUTED)

Pregnant B.C. woman files lawsuit after birth control fail

Pregnancy detected two weeks after a Alesse recall announcement

A Vancouver Island 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, a 23-year-old woman from Victoria, was taking Alesse 21, a prescribed oral contraceptive that she had been taking since 2014 without any pregnancies.

On December 1, 2017, Pfeizer Canada Inc. released a recall notice saying that some packages of Alesse 21 and Alesse 28 might contain broken or smaller than usual pills which would reduce their effectiveness. In an announcement from Health Canada, the products affected included Alesse 21 pills from lot A2532 and Alesse 28 from lot A3183, though 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, and she and her partner are expecting a daughter in August.

According to MacKinnon’s 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 if she had known about the recall earlier.

Leoni said the unintended pregnancy is part of a larger story of women’s reproductive rights, and that the company’s approach to the recall was negligent and a failure to properly warn women.

“This has been an impact on her career choices,” Leoni said. “Reproductive 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. “

Leoni noted that while there’s always a risk in taking birth control pills, Alesse claims the chances of unexpected pregnancies when taking the pills as directed is less than one per cent.

“We want to establish that the risk was much greater with these lots,” 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 MacKinnon’s 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.

nicole.crescenzi@vicnews.com

Just Posted

Police asking for assistance regarding trafffic fatality near Clinton

A single male occupant was killed on Oct. 21 when his car went off the highway.

Did you exercise your civic duty by voting for mayor and council of 100 Mile House?

Did you exercise your civic duty by voting for mayor and council… Continue reading

Incumbents and acclaimed mayors win elections all across B.C.’s north

Fraser Lake saw their first female mayor elected

Mayoral results from across B.C.

Voters in 162 municipalities in B.C. set to elect mayor, council, school board and more

Every vote counts: 10 tightest races in B.C.’s municipal elections

Peachland saw their election decided by just one vote

Canada Post strikes leaves small shops in the lurch as holidays approach: CFIB

Rotating strikes began in Victoria, Edmonton, Halifax and Windsor

BCHL alumni has NHL jersey retired by Anaheim Ducks

Paul Kariya played with the Penticton Vees from 1990-1992

CFL playoff picture still muddled heading into weekend action

League revealed last week no fewer than 64 potential playoff permutations

New monitoring of vessel noise impact on endangered whales announced

Federal government to monitor underwater ship and mammal noise in B.C.’s Salish Sea

Used election signs could serve as emergency shelters, B.C. candidate says

Langley Township council hopeful wants to build one-person foul weather shelters for homeless

Interior Health urges public to get a flu shot

Health authority says it will help to stop the spread of influenza

‘Violent’ Prince George man wanted on Canada-wide warrant

RCMP say the man has likely made his way to the Lower Mainland or another community

Liberals write off $6.3 billion in loans as part of money never to be collected

That includes student loans and a $2.6 billion write off that came through Export Development Canada

Most Read