NEW YORK, NEW YORK, June 13, 2018 — On behalf of a Miami, FL woman who experienced an unintended pregnancy due to a manufacturing error of Taytulla™ birth control, Chaffin Luhana LLP, a national plaintiffs-only law firm in New York City, and Baron & Herskowitz of Miami, Florida have filed the first product liability lawsuit (Case: MRS-L-001122-18) against Taytulla’s™ manufacturer, Allergan USA, Inc. and related entities (“Allergan”) (NYSE:AGN), in New Jersey state court in an effort to recover damages for the plaintiff.
The complaint alleges that the plaintiff received samples of Taytulla™ from her doctor in or around January 2018 and that she used the birth control as directed. In March 2018, she learned that she was pregnant even though she was actively taking the Taytulla™ birth control as directed. Approximately four days later, her pregnancy failed, and she suffered a miscarriage.
The plaintiff alleges that the capsules in the sample pack of Taytulla™ that she received were part of a recent recall triggered by a manufacturing error at an Allergan facility which caused the birth control capsules to be packaged in reverse order. The capsules were rotated 180 degrees within the blister pack, placing the inactive placebo pills at the beginning of the month, instead of in their proper location at the end of the month. The plaintiff learned of the manufacturing defect only after she became pregnant while taking Taytulla™.
Taytulla™ was first approved by the U.S. Food and Drug Administration (FDA) on April 19, 2013 and has been marketed as almost 100% effective at preventing pregnancies. Taytulla™ is also known as the first and only softgel oral contraceptive for women.
On March 29, 2018, Allergan recalled all Taytulla™ 1 mg/20mcg, 6×28 physician sample packs bearing Lot# 5620706 with an expiration date of May 2019, due to the manufacturing error. The recall covers a total of approximately 170,000 sample packs. The plaintiff alleges that she was using one of the sample packs from the defective lot. According to Allergan, the manufacturing defect was originally identified through a physician report, which noted that four placebo pills were placed at the beginning of a sample pack, instead of at the end of the treatment cycle.
“Pharmaceutical companies like Allergan need to enforce a strict quality control process within their manufacturing and packaging facilities,” said Chaffin Luhana founding partner Eric Chaffin. “Manufacturing defects like these can have life-altering effects on innocent women and their families. Along with fair compensation, our client wants to raise awareness of this birth control recall so that other women can better protect themselves from unintended pregnancies. Our firm has a long history of being on the forefront of defective birth control litigation and we are working to get just compensation for women and their families who have suffered injuries from this most recent recall.”
Baron and Herskowitz for many years has been representing those injured because of negligence, manufacturing defects, and defective products with success in settlement and at trial. “Our firm is founded on the principles of helping those who have been injured by others and preventing future harm through responsibility and proper oversight,” said partner Jon Herskowitz. “We look forward to combining our class action and trial experience with Chaffin Luhana who has had incredible success in helping individuals in these types of cases.”
The plaintiff brings counts of consequential damages include physical suffering, mental anguish, and other actual damages permitted by law.
Chaffin Luhana, along with their co-counsel of Baron & Herskowitz, are actively investigating additional cases for women who may have received and used the defective Taytulla birth control packs.
About Chaffin Luhana:
Chaffin Luhana LLP has a successful history of protecting the rights of those who have suffered catastrophic injuries as the result of defective products, dangerous pharmaceutical drugs, and defective medical devices, including women who have been injured from defective birth control products. The firm has handled many high-profile cases in federal and state courts across the country, provided new online resource centers for clients and the public, and has successfully recovered millions of dollars for women who have suffered injuries from various defective birth control pills and devices.
To date, the attorneys of Chaffin Luhana LLP have been involved in recovering over $1 billion for their clients during their careers, and the firm itself has recovered hundreds of millions of dollars for individually injured plaintiffs. Though unable to guarantee results, the firm has a distinguished track record of success and is highly committed to each case.
About Baron & Herskowitz:
Baron & Herskowitz for many years has represented clients in tort litigation and class action litigation who have suffered significant injuries as the result of negligence, defective products, devices, improper fees, and consumer products.
If you or a loved one has suffered an injury that may be related to a dangerous or defective product, contact Chaffin Luhana LLP or Baron & Herskowitz for a free and confidential case review at 1-888-480-1123, or visit Chaffin Luhana’s website at https://www.chaffinluhana.com.
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