In September 2011, Qualitest Pharmaceuticals issued a recall affecting six different brands of generic birth control (Cyclafem, Emoquette, Gildess, Orsythia, Previfem and Tri-Previfem) and nearly 1.5 million packages. The recall was due to a packaging error that had reversed the order of the pills. In a 28-day birth control pack, the placebo week is always the last week, and serves as “reminder pills." However, in the faulty blister packs, the placebo week was arranged in the “Week 1" slots. This error could have left women without sufficient levels of contraceptives, and therefore vulnerable to unintended pregnancies.
Qualitest Pharmaceuticals Liability
Oral contraceptives are advertised to women as being over 99% effective, when a gross negligence in manufacturing leads to defective birth control pills, companies are liable. In a case like this, the negligence of Qualitest Pharmaceuticals’ is clear. If mislabeling of the placebo pills as one of the active pills has resulted in an unintended pregnancy, Qualitest Pharmaceuticals must be held accountable for their negligence. Proper quality control checks should have been in place to prevent such an oversight that has now affected thousands of women.
In the United States, product liability laws protect consumers from unsafe products. Safety regulations established by government agencies seek to protect consumers from dangerous merchandise. When corporations fail to meet these standards, injured consumers are able to seek legal recourse. Product liability claims are lawsuits in which a consumer seeks compensation for the injuries they sustained as a result of the product. Often, the consumer may be partially at fault for their injury, but the manufacturer bears the blame because it has a greater knowledge of their product.
When a company learns that a specific product is unsafe for use, it issues a product recall. In a product recall, the company issues a formal request to return all defective or unsafe products back to the manufacturer. This is done to control the company’s liability, when a consumer is injured from an obvious defect, the manufacturer can be held responsible for damages.
Consult a Lawyer
If you have been adversely affected one of the recalled birth control packs, you may be entitled to compensation for medical fees, lost wages, and other damages your unintended pregnancy may have incurred. Consult a professional product liability lawyer to discuss your potential case. An experienced Qualitest birth control recall attorney can help you recover the maximum compensation you are entitled to.
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