The New Oral Contraceptives: Stroke and Other Adverse Event Liability


Prevalance of Oral Contraceptive Use
The new oral contraceptives, including Yaz and Yasmin, are a major component of the pharmaceuticals industry. Women choose to use these synthetic hormones for their additional benefits, such as acne control, but many adverse consequences have been reported including stroke, cardiovascular events, clotting, and other problems.

BONUS: Because the liability of the oral contraceptive manufacturer is important in any litigation involving injury from oral contraceptive use, this perspective has been discussed in addition to the perspectives of the attorney, physician, insurer, and employer.

The Perspectives: Improve Your Strategy

Attorneys: What facts are needed to prove injury from oral contraceptive use?
Physicians: How can liability for medical malpractice be avoided for injury from oral contraceptive use?
Insurers: Can a payout under a medical malpractice liability or a manufacturer’s policy be avoided by proof that the injury was not caused by the physician’s or drug manufacturer’s actions?
Employers: Can a hospital be subject to liability for an injury from prescription of oral contraceptives by an employee-physician under the doctrine of respondeat superior?
Bonus: What attempts have been made to find the manufacturer liable for injury from use of its oral contraceptive?
Practice the Technique: Checklists

Attorneys: A litigation checklist of facts and circumstances tending to prove medical malpractice injury from use of an oral contraceptive.
Physicians: Physicians must consider this litigation checklist when defending an alleged medical malpractice or negligence claim arising from oral contraceptive use injury.
Insurers: The insurer may use this litigation checklist to spot “red flags” and inconsistencies when investigating a claim of injury from oral contraceptive use.
Employers: Use this litigation checklist to determine if the employer, such as a hospital, could be liable for a physician’s prescription of an oral contraceptive resulting in patient injury.
Bonus: A litigation checklist for the manufacturer to determine if a warning was required, if it was given, if the warning was adequate, and if the use of the manufacturer’s oral contraceptive was the cause of the patient’s injury.