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

Open burning permitted again in Kamloops Fire Centre

Low fire rating prompts decision throughout Kamloops Fire Centre

B.C. Rural Party co-founder rebukes pro-NDP accusation

Telkwa Mayor Darcy Repen disputes being NDP campaign supporter

Juno nominated artist performing at LUNA in Revelstoke Sept. 29

Cris Derksen is an Indigenous cellist and was nominated for her album Orchestral Powwow

Glimpses of Revelstoke’s past for Sept.

120 Years Ago: Revelstoke Herald, September 17, 1898 A freight boat that… Continue reading

Covered in mud at the Revelstoke Women’s Enduro

108 women rode in the annual Revelstoke Women’s Enduro race on Saturday.… Continue reading

Weekday weather update

The rain moves in right across the Okanagan-Shuswap valley

Woman who helped kidnap Elizabeth Smart released from prison

Smart was 14 years old when she was snatched from her Salt Lake City home in 2002 by street preacher Brian David Mitchell

New York books editor out after backlash over Jian Ghomeshi essay

Ian Buruma, who was appointed as editor of the New York Review of Books in late 2017, no longer works for the publication

B.C. couple plans sustainable, zero-waste life in the Shuswap

Plan includes building a tiny house before the snow flies

Housing slowdown forecast to cool B.C. economy

Conference Board says pipeline, trade uncertainty affecting investment

B.C. hockey product eyes shot at Olympic spot with China

Fletcher is one of 24 who travelled to Shenzhen, China for the first official Olympic dev camp.

Are you feeling lazy? That’s OK – it’s just science

UBC study shows that humans are hardwired to prefer being sloth-like

LETTER: Who do we blame for the tragedy of Marrisa Shen’s death?

The B.C. girl was killed in a Burnaby park last July

Competition tribunal to hear B.C.-based case on airline food starting in October

The competition commissioner argued Vancouver airport authority had exploited its market position

Most Read