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

Terrace home sales jump 59 per cent over 2017

Northern BC Real Estate Board expects numbers, values only to climb

Is Terrace prepared for a rail disaster?

Council asked to review surge in dangerous goods movement: “I live in the blast zone,” says resident

Emergency Support Services examines strategies after 2018 wildfires

Volunteers worked 5 months when typically 72 hours is the norm

VIDEO: Car flies across median, flips over edge of B.C. overpass

Dash cam footage shows vehicle speeding across Brunette Avenue overpass in Coquitlam

Indigenous energy summit includes session on pipeline ownership options

Steven Saddleback of the Indian Resource Council says a session will feature presentations on financing models

Japanese grand champion Kisenosato retires from sumo

The 32-year-old Kisenosato was the first Japanese-born wrestler in 19 years to gain promotion to sumo’s highest rank

UPDATE: Accused B.C. high school killer found fit to stand trial

Gabriel Klein is accused in the 2016 stabbing death of Letisha Reimer at Abbotsford Senior Secondary

Right-wing, neo-Nazi, white supremacist groups an increasing concern: Goodale

Ten people died in April 2018 when Alek Minassian allegedly drove a rental van down the busy stretch in Toronto

Canadian stock exchanges to conduct lottery for ‘POT’ ticker amid high demand

The symbol became available after fertilizer Potash Corp. officially merged with Agrium Inc. in early 2018

Millennial Money: Don’t let Instagram envy get you into debt

A full 48 per cent of U.S. households have credit card debt

Jury debates fate of man accused of killing 12-year-old B.C. girl 40 years ago

Police allege Garry Handlen told a cop how he abducted, sexually assaulted and strangled Monica Jack in May 1978

Most Read