Yes, in most states. The majority of U.S. courts recognize a tort called ?unwanted conception? or ?unwanted pregnancy,? but most cases involve tubal ligation or vasectomy rather than the pill. In such cases of botched sterilization, doctors don?t have a particularly good defense, because the procedure is extremely effective when performed correctly. The pill, by contrast, is only 98 to 99 percent effective, even when free of defects. So it?s hard to prove an unwanted pregnancy is due to a flawed pill. In addition, if a woman chooses to sue, the manufacturer can try to convince a jury that she didn?t take her pills on schedule. (Surgical sterilization requires no such vigilance by patients.) Lawsuits against makers of the pill aren?t unheard of, though. In September, a Georgia woman sued a birth control manufacturer for $5 million (PDF), claiming that the pills were packaged in the wrong order, with the placebos at the beginning of the cycle.
Source: http://feeds.slate.com/click.phdo?i=02c747069d2632b5c7514cc7b39202f2
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