published Wednesday, February 13th, 2013

Hamilton County couple sues birth control maker after woman gets pregnant

A Hamilton County couple have sued a company that makes birth control pills for $450,000 after the woman became pregnant while using the product.

Erica and Ryan Kennedy filed the lawsuit in Hamilton County Circuit Court on Feb. 5.

They are suing New Jersey-based Glenmark Generics Inc. for a "packaging error" that they allege caused Erica Kennedy to give birth to a son in October 2012.

"The products were negligently packaged, in that select blister packets were rotated 180 degrees within the card, reversing the weekly tablet orientation," according to court documents. The result of the packaging error meant Erica Kennedy was taking the incorrect daily regimen, they claim.

The couple are suing for the medical expenses of the pregnancy, lost wages for the time each missed work because of the pregnancy and for Ryan Kennedy's loss of "companionship of his wife for which he is entitled to be compensated," according to court documents.

about Todd South...

Todd South covers courts, poverty, technology, military and veterans for the Times Free Press. He has worked at the paper since 2008 and previously covered crime and safety in Southeast Tennessee and North Georgia. Todd’s hometown is Dodge City, Kan. He served five years in the U.S. Marine Corps and deployed to Iraq before returning to school for his journalism degree from the University of Georgia. Todd previously worked at the Anniston (Ala.) Star. Contact ...

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