Yazmin Birth Control Lawsuit Dismissed
- by Ayden
In a new lawsuit, a Yahoo! member claims that she was discriminated against while she was placed on the BOP (birth-outlet program) despite her repeated pleas to no avail. This comes as a surprise to many because it is not uncommon for women to be denied coverage based on age or health despite using the most effective method of birth control known to modern medicine. This is what this lawsuit is all about. A 30-year-old woman, who is the sole breadwinner for her family, says that she was denied coverage because she is a woman of a low risk class and because she had a history of sexually transmitted diseases.
In reviewing the Yahoo! case, the plaintiff’s attorney, Lisa Olson, states that there are two main distinctions that separate this lawsuit from others that have been filed regarding the legality of Y! birth control lawsuit denial. First, it is now being alleged that the company, which is now known as Chance’s Company, purposefully kept out women based on race in order to “prevent” black women from using their product. Second, it is being argued that the class was legally defined as including all black women, regardless of health status or risk.
The plaintiff is seeking compensatory and punitive damages, and is requesting that the Merced County Circuit Court deny her motion for summary judgment. (The motion is currently scheduled to start on Friday, April 7th.) Chances is, however, that this lawsuit will be delayed, probably into early fall.
Some other companies involved in the lawsuit have already stated that they plan to fight Ms. Olson’s allegations. In addition to Chances, Direct Line, Family Dollar and other local retailers are named in the lawsuit as well. While some companies may choose to side with Ms. Olson, there is a strong likelihood that many more of their retailers will do the same.
The lawsuit itself states that plaintiffs cannot prove that Chances was the sole manufacturer of the device they used. This flies in the face of the plaintiffs’ argument that since the device was distributed to them free of charge, and that they had a legitimate need for the drug. That said, the Court can always issue an order allowing plaintiffs to depose any of the alleged manufacturers. In the past, courts have often issued writs of mandamus or prohibition in cases such as this one.
In my personal opinion, I believe that the dismissal of the Yaymin birth control lawsuit is premature. The timing of the filing of this complaint is unfortunate. It seems that if this product were proven to be defective, then it would likely be found liability. However, as this case shows, that is not the case. There are too many questions surrounding the use of Yaymin, and until all the facts are known, women will be left guessing about how to use this method of birth control.
In a new lawsuit, a Yahoo! member claims that she was discriminated against while she was placed on the BOP (birth-outlet program) despite her repeated pleas to no avail. This comes as a surprise to many because it is not uncommon for women to be denied coverage based on age or health despite using the…
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