Jury sides with pharmacy that refused to fill mom's morning-after pill prescription

However, the jury found the pharmacist did cause the woman emotional harm in the amount of $25K.

ByRebekah Riess and Kelly Murray, CNN, CNNWire
Tuesday, August 9, 2022
Over-the-counter birth control? Drugmaker seeks FDA approval
EMBED <>More Videos

A drug company is seeking U.S. approval for the first birth control pill that women could buy without a prescription.

AITKIN COUNTY, Minn. -- A jury in Aitkin County, Minnesota, on Friday found that a pharmacy did not discriminate against a woman by refusing to fill her emergency contraception prescription, court records show.

However, the jury found the pharmacist did cause the woman emotional harm in the amount of $25,000, CNN reported.

SEE ALSO | Catholic hospitals' growth impacts reproductive health care

According to the original complaint, Andrea Anderson, a mother and a licensed foster parent, obtained a prescription in January 2019 for Ella -- otherwise known as the "morning after pill" or emergency contraception -- after her regular contraception failed.

Her doctor sent the prescription to the McGregor Pharmacy, but the pharmacist on duty, George Badeaux, told Anderson that he would be unable to fill her prescription because of his "beliefs."

Badeaux "did not clarify what his beliefs were or why they interfered with his ability to perform his job as a medical professional," according to the complaint.

Anderson eventually found a pharmacy that was willing to fill her prescription -- after driving over 100 miles round trip in a snowstorm, the complaint stated.

Badeaux's attorney Charles Shreffler said in a statement he and his client were "incredibly happy with the jury's decision."

"Medical professionals should be free to practice their profession in line with their beliefs," the statement said. "Mr. Badeaux is unable to participate in any procedure that requires him to dispense drugs that have the potential to end innocent human life in the womb. Every American should have the freedom to operate according to their ethical and religious beliefs. Doctors, pharmacists, and other medical providers are no different."

CNN has reached out to attorneys for the pharmacy for comment.

Gender Justice, the advocacy group representing Anderson, had argued that denying Anderson service based on her reproductive health care needs was illegal sex discrimination and violated the Minnesota Human Rights Act.

The group said it would appeal the jury's decision to the state's Court of Appeals.

"To be clear, the law in Minnesota prohibits sex discrimination and that includes refusing to fill prescriptions for emergency contraception," Gender Justice Legal Director Jess Braverman said. "The jury was not deciding what the law is, they were deciding the facts of what happened here in this particular case. We will appeal this decision and won't stop fighting until Minnesotans can get the health care they need without the interference of providers putting their own personal beliefs ahead of their legal and ethical obligations to their patients."

RELATED | Company seeks FDA approval for 1st birth control pill women could buy without prescription

Since a major pharmaceutical business deal in 2017, the so-called morning after pill has become America's most widely used over-the-counter emergency contraception.

Since the overturn of Roe v. Wade, there are fears that some types of birth control won't be available, and demand for longer-lasting birth control and emergency contraception, including the morning-after pill, has grown.

The video in the player above is from a previous report.

(The-CNN-Wire & 2021 Cable News Network, Inc., a Time Warner Company. All rights reserved.)