Woman Alleges Birth Control Pill Caused Death of Unborn Child

 

A woman in east Texas has filed a wrongful death suit against Bayer Corp., Bayer Healthcare Pharmaceuticals Inc., and Bayer Healthcare LLC claiming the birth control pill Yaz/Yasmin they manufacture is responsible for the death of her unborn daughter at 27 weeks of pregnancy. According to the suit, the woman suffered blood clots and other injuries, which required hospitalization. The suit does not mention for how long the woman used Yaz/Yasmin or which specific brand she took.

The woman further alleges the manufacturers misrepresented the pill’s benefits and hid any adverse side effects. Also alleged is that the manufacture and construction of Yaz/Yasimn is defective and deviated from their product specification.

The complaint filed states, “The Yaz/Yasmin birth control pills manufactured and supplied by defendants were defective in design or formulation in that, when it left the hands of the defendants, the foreseeable risks of the product exceeded the benefits associated with its design or formulation, or they were more dangerous than an ordinary consumer would expect.”

Causes of action filed include:

  • Defect due to inadequate warning
  • Manufacturing and design defect
  • Negligence
  • Negligent misrepresentation and/or fraud
  • Breach of express and implied warranties
  • Violation of the Deceptive Trade Practices Act

The woman is seeking damages for medical expenses, pain and suffering, attorney fees, and punitive damages. She is also seeking a jury trial.

Yaz and Yasmin are virtually the exact same birth control pill, except that Yaz contains a lower dose of the estrogen component called ethinylestradiol. The pills also contain a progestin called drospirenone. It has been known that birth control pills containing estrogen may increase the risk of blood clots, strokes, and heart attacks. The drug may also increase potassium, leading to a condition known as hyperkalemia. Hyperkalemia may cause heart arrhythmia and blood clots.

Since its 2001 release to the market, Yaz/Yasmin has been linked to hundreds of injuries and at least 50 deaths. This isn’t a very good track record for a drug called by its manufacturers a birth control pill with additional benefits. The Food and Drug Administration has already asked that Bayer correct previous misleading advertisements regarding the pill’s beneficial effects on acne and premenstrual syndrome. Bayer spent millions to correct the advertisements, as well as must submit all Yaz/Yasmin advertisements to the FDA to be screened for the next six years.