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Drug company blunders - who is ultimately responsible? Options · View
Posted: Wednesday, February 1, 2012 8:15:51 AM

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So.... who is responsible for this colossal fuck-up by the drug company that is now recalling 1 million packs of birth control because they screwed up? If you get pregnant accidentally because of an error by the company who makes them, should you have any kind of legal recourse, or is this one of those "well, everyone knows no birth control is 100% effective and you're ultimately responsible for the risks you take."

This kind of scenario can be extrapolated to other cautionary scenarios, especially involving drug companies that claimed certain drugs were safe, but were later found out to be not, but I thought the concept of "who is ultimately responsible" might be an interesting discussion point.

WASHINGTON (AP) – Pfizer Inc. is recalling 1 million packets of birth control pills because of a packaging error that could leave women with an inadequate dose of the hormone-based drugs and raise the risk that they will get pregnant accidentally.

Pfizer found that some packets of the drugs had too many active tablets, while others had too few. Oral birth control products use a series of 21 drug tablets and 7 inactive sugar tablets to regulate the menstrual period while providing contraception.
A company spokeswoman said the problem was caused by both mechanical and visual inspection failures on the packaging line. She said the problem has been corrected.

Pfizer issued a statement saying the problem was identified and corrected immediately. The recall is not related to safety but does raise the risk of unintended pregnancy. Patients with the affected lot numbers should return them to the pharmacy.

Posted: Wednesday, February 1, 2012 8:18:30 PM

Rank: Head Nurse

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I should think it would be difficult to prove a pregnancy was due to a manufacturing problem & not one of the oops-pill babys. However, I am sure some lawyer will find a way to profit from it!

Posted: Thursday, February 2, 2012 7:18:09 AM

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Joined: 10/4/2010
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Hmm, good question. It will be a slippery slope. If a woman has a baby that she did not intend to even conceive, what is she suing for? The money needed to raise the child? Pain and suffering? Breach of contract? Negligence? And how does a court quantify how much a baby is worth? Which would then set a precedent (if it's not already set) for some extreme zealot of Pro-Choice or Pro-Life to take adavantage of.

And can it be proven that a woman was using pills from these tainted packaging? Chances are, those packets have long been thrown away. I'm sure someone who never used these pill will try to get some money out of the deal. It's a shitty situation all together.

What of the father of these babies? "She told me she was on the pill. She was but the pills were defective. Now i'm going to be "burdened" with supporting a child with someone I just hooked up with." Can he sue?

I'm not one to sue some deep pocket company just because they have deep pockets. But in this case, Pfizer may have to cough up some cash. But only if it can be proven with all certainty that the woman used the bad patch of pills. Hell, I don't know. No one likes playing "spray and pray". But, if you buy a drug it should do what it promises to do.

My brain hurts, this is a true conundrum.

When the debate is lost, slander becomes the tool of the loser. Socrates
Posted: Thursday, February 2, 2012 7:29:51 AM

Rank: Lurker

Joined: 12/1/2006
Posts: 926,631
lafayettemister wrote:
It's a shitty situation all together.

My brian hurts, this is a true conundrum.

You can say that again!!!
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