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

Hundreds vote in advance polls in Summerland

General voting in municipal election scheduled for Oct. 20, 8 a.m.t o 8 p.m.

Contenders to return for Okanagan tour

Valdy, Gary Fjellgaard and Blu and Kelly Hopkins will perform at six venues

LETTER: Examine past record when voting

Summerland mayoral candidate Toni Boot approaches each issue in a fair and open minded manner

Junior B hockey team will travel to Spokane and Beaver Valley

The Summerland Steam Junior B hockey team will be on the road… Continue reading

Okanagan clinical team to research Alzheimer’s Disease drug

Disease-modifying medication study seeks participants

Singer k.d. lang receives Alberta’s highest honour

Celebrated singer-songwriter k.d. lang received the Alberta Order of Excellence in Edmonton

VOTE: Nature in Focus reader’s choice photo contest

The Penticton Western News Reader’s Choice photo contest

Who is running in Summerland’s election?

Introducing you to the candidates asking for your vote on Oct. 20

Colourfully named cannabis products appeal to youth, Tory health critic says

Conservative health critic Marilyn Gladu says the Liberal government needs to do more to ensure cannabis products available online are not enticing to young people

Trial set for man charged with decades-old murder of Monica Jack

Garry Handlen accused of killing Merritt girl; also charged with Abbotsford murder

Bernardo-like sexual deviancy poorly understood, expert says

What exactly causes such deviance is not known but some evidence exists of physical brain damage to the front part of the brain

B.C. high school teacher faces sexual assault charges

A Mt. Boucherie teacher has been charged with child luring, sexual exploitation and sexual assault.

Fashion Fridays: You can never have enough shoes

Kim XO, lets you know the best online shopping tips during Fashion Fridays on the Black Press Media Network

Former B.C. cop sentenced to jail ‘in the community’ after caught in Creep Catchers sting

Dario Devic pleaded guilty after getting caught up in Surrey Creep Catcher sting in Whalley in 2016

Most Read