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Local Pharmaceutical Company Facing Lawsuit Over Birth Control Packaging

November 11, 2015 6:19 PM By Alexandria Hoff

PHILADELPHIA (CBS) — More than 100 women have filed a lawsuit against a Chester County pharmaceutical company.

They say they took birth control pills that were incorrectly packaged — and then got pregnant — and are now seeking millions in damages.

An Atlanta-based attorney representing 113 who have given birth says the collective has filed a lawsuit after faulty birth control pill packaging led to pregnancy.

In 2011 the FDA pulled over 3 million birth control packets from the market after it was discovered that some pill pouch markings, indicating days of the month, had been rotated 180 degrees – diluting pregnancy protection.

Those included in the lawsuit are seeking damages from Qualitest Inc., a subsidiary manufacturing company of Endo Health Solutions. Endo’s U.S. Headquarters is in Malvern, Pa.

We asked Philadelphia attorney Shanin Spector to weigh in on the issue, he is not directly related to the case but is no stranger to large-scale pharmaceutical settlements.

He told us that the mislabeling of pharmaceuticals is regrettably common and that often recalls are prompted when customers themselves realize the error.

In the case of the 113 women who become pregnant, their attorney confirmed that some are asking for compensation that would cover the costs of both having and raising the child.

But based on past cases here in Pennsylvania where the lawsuit has been filed, Spector says a request of that kind could be a stretch.

Endo Medical Solutions did not provide comment.