The “Pill” Does Not Work?

A recent lawsuit filed against Endo Pharmaceuticals and others claims that faulty packaging of birth control medication, commonly called the “pill,” caused an unexpected pregnancy where the baby died and the pregnant woman was seriously injured.  Generally, the complaint in Liro v. Endo Pharmaceuticals, Inc., et al claims the defendants are liable due to the defective design, manufacture, packaging, sale, and distribution of birth control pills taken by plaintiff.

The plaintiff allegedly used the birth control pill Tri-Previfem as instructed but subsequently became pregnant.  She specifically alleges that the pills were “packaged such that select blisters found inside the pill box were rotated 180 degrees within the card, reversing the weekly tablet orientation.” The complaint goes on to state that the packaging error left the plaintiff and other women who used the product “without adequate contraception and at risk for unwanted pregnancy.”

Endo Pharmaceuticals and its co-defendants may face additional, similar claims if the plaintiff’s allegations of faulty packaging are true.  Proactive management of this claim may result in much less costly litigation should the companies foresee additional claims down the road.

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  1. This is interesting, since there are two common organizational schemes for pills that are packaged in rows (as opposed to being packed in a circle). Organizational scheme #1 is to start each row at the left. This is often accompanied by stickers so you can indicate which day of the week corresponds to which column (so that, for example, the first pill on the left is always taken on a Monday). Organizational scheme #2–which in my experience is much less common now than it was in the past–is to start on the left of the first row. An arrow at the end of that row points to the pill at the right side of the second row, and then the person takes the next pill to the left and so on.Upon reaching the left-most pill, there is an arrow that indicates the next left-most pill.

    From what I can gleen from this squib, it appears these were tri-phasic pills (not the more common “mini-pill” or monophasic, which can be taken in any order), and the pills were organized according to scheme #2 but the packaging correspondence to scheme #1.

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