Posted: November 12, 2015

 A lawsuit filed in Philadelphia claims that birth control pills that were mispackaged led to 113 unwanted pregnancies. According to the claim, the packages were “rotated 180 degrees” and thus reversed the order in which the pills were to be taken, meaning the women took placebos during the wrong week.
 The packaging error occurred in 2011 and led some women to take sugar pills meant for the week they were menstruating at the wrong time, leaving them without contraception during that week. The mistake led the Food and Drug Administration to recall 3.2 million of the blister packs, although the company says that only a very small number of packages contained the error.
 Of the women who became pregnant, 94 carried to term and now they are seeking millions from the company Qualitest, Inc., which is a subsidiary of drugmaker Endo Pharmaceuticals Inc., to pay the costs of delivering, raising and educating those children.
 But they may have a difficult legal battle ahead of them against the company based in Malvern, PA,  says Shanin Specter, attorney with Philadelphia-based Kline & Specter, PC, who was called on to comment on the matter by CBS-3 television.
 “Under Pennsylvania law, the benefits of having a healthy child are considered to outweigh the detriments of having an unwanted child,” he said in the interview. (Watch the full news story)
 The legal cases may also be difficult for the plaintiffs because many patients can no longer prove they purchased a defectively packaged product.
 Endo has said that there has been no new or recent recall and current packaging is fine.