If you’ve experienced an unplanned pregnancy or other harms due to an improperly-packaged case of Taytulla birth control, you might have a lawsuit against the company for the preventable error. Discuss your situation with the attorneys Sweeney Merrigan Law to learn more.
Taytulla is a type of birth control pill containing two female hormones: ethinyl estradiol (an estrogen) and norethindrone acetate (a progestin). Taytulla uses packaging that directs women to take the 24 active pink capsules, followed by four placebo maroon capsules. An error from the manufacturing company (Allergan), however, resulted in almost 170,000 pill packs with the incorrect packaging. The error could put women at risk of unintended pregnancy.
Allergan has recalled the affected packs but not before they fell into the hands of thousands of consumers.
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Allergan issued a nationwide recall of 168,768 packs of Taytulla Softgel Capsules 1mg/20mcg Samples Packs on May 29, 2018, citing the reason as “out of sequence capsules.” The recall came voluntarily after a doctor reported that the four placebo pills (pill containing no hormones) were at the beginning of the pack instead of the correct spot at the end of the pack. The recall refers to the 6×28 sample packs with a May 2019 expiration date.
With placebo pills replacing the first four days of therapy, women who are new to the drug and who have used it in the past might mistakenly take them and think they have taken the hormone pills. If taken out of sequence, Taytulla contraceptive failure and unplanned pregnancy can occur. Women who miss two or more hormonal pills by accidentally taking the placebos should use back-up contraceptives such as condoms or abstain from sex until they have taken seven consecutive hormone pills in a row.
Allergan shipped the defective sample packs to physicians to distribute directly to patients. Packs of Taytulla distributed through pharmacists are currently not part of the recall. Allergan has notified customers using Taytulla of the recall by letter. Check your pack of Taytulla for the mistake, as well as your mailbox for a recall letter. Customers who have defective packs can return them through their physicians.
On August 13, 2018, a woman filed the first lawsuit against Allergan for the defective Taytulla birth control pills. The Miami, Florida woman claims in her product liability lawsuit that she mistakenly took the placebo pills due to the manufacturing error, and experienced an unintended pregnancy as a consequence of the defect.
The plaintiff says she received Taytulla samples from her physician in January 2018 and found out she was pregnant in March 2018, despite taking the pills as directed. Four days later, she suffered a miscarriage. The lawsuit seeks financial recovery for damages that include physical suffering and mental anguish relating to her unintended pregnancy and subsequent miscarriage.
The Miami plaintiff is just the first of many such claims to come. With almost 170,000 defective sample packs out there, the odds of other woman also experiencing unplanned pregnancies are high. If you’re concerned that you may be pregnant after taking the maroon placebo Taytulla pills instead of the pink hormone pills, talk to your physician.
Upon discovering an unintended pregnancy while using the defective pack of Taytulla, contact Sweeney Merrigan Law at (617)-391-9001. You may have grounds for a lawsuit against Allergan for failing to prevent the defective packs from reaching the hands of consumers. We can investigate your case and help you discover whether you have the elements necessary for a product liability claim against Allergan. If so, the company could owe you compensation for your medical costs, physical pain, emotional anguish, and other losses relating to the defect.