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

Reel Reviews: A cure for anger

We say, “Purge it up, goofballs.”

Kelowna families honour the dead by releasing butterflies

The Nicholson matriarchs release 33 butterflies

Carr’s Landing Art Tour showcases local talent

14th annual tour in Lake Country July 28-29 and Aug. 4-5

The Okanagan Croatian Club all smiles after World Cup loss

They say winning second place brought Croatia to the world stage

East Shuswap Road wildfire’s fire line being controlled

Firefighters saved an eagle’s nest and eaglets while controlling fire lines

REPLAY: B.C.’s best video this week

In case you missed it, here’s a look at replay-worthy highlights from across the province this week

Course veterans seize victory in Peach City Classic

The first place titles in this year’s triathlon belonged to returning competitors.

Vernon writers launch online workshop for teens, young adults

Storymakers’ Raise Your Voice workshop seeks to help women writers uncover and use voice

Former NHL goalie Ray Emery drowns in Lake Ontario

Police say the 35-year-old’s death appears to be a ‘case of misadventure’

Air quality statement warns of smoky air for Kamloops area

Environment ministry says area on north side of Thompson River may be affected by wildfire smoke

Pussy Riot claims on-field protest at World Cup final

Russian protest group claimed responsibility after four people ran onto field in police uniforms

Fans party on Montreal streets after French World Cup win

To city is home to nearly 57,000 French nationals

Your reviews: John Fogerty rocks the South Okanagan

Photos and reviews from fans in Penticton at John Fogerty’s concert in the SOEC

B.C. VIEWS: Making private health care illegal again

Adrian Dix battles to maintain Cuba-style medical monopoly

Most Read