Woman files suit over morning-after pill

She claims pharmacist said his beliefs wouldn’t allow him to fill prescription

A severe snowstorm was brewing in McGregor, Minn., when Andrea Anderson called her doctor after a condom mishap left her in need of an emergency contraceptive to prevent an unwanted pregnancy last January.

Her gynecologist told the 39-year-old mother of five she should take ella, the prescription-only morning-after pill, and sent the prescription to the only pharmacy in McGregor, a very small town about 130 miles north of Minneapolis.

But when Anderson showed up at the Thrifty White Pharmacy to pick up the pill, the pharmacist allegedly told her he would not fill the prescription. The small-town pharmacy wasn't out of stock or too far from a wholesaler to get the pill for Anderson.

Instead, the pharmacist told her he wouldn't sell her the emergency birth control pill because of a personal objection.

"He said, 'I don't feel comfortable, that goes against what I believe,'" Anderson told WCCO television station, "and all of a sudden it clicked."

Anderson filed a lawsuit Monday in Minnesota's 9th Judicial District Court alleging that pharmacist George Badeaux told the woman he would not give her the morning-after pill because of his "beliefs," a practice allowed by state regulations. As part of the lawsuit, Anderson, who is represented by a Minnesota nonprofit called Gender Justice, is suing Badeaux, Thrifty White and an unnamed CVS pharmacist, who also refused to provide the morning-after pill.

Thrifty White, CVS and Badeaux did not immediately return requests for comment.

Anderson and her partner of 10 years are foster parents who also have a biological child together. She said in her lawsuit the couple is not looking to have any more kids, which is why she called her doctor on Jan. 21 as soon as she realized her usual birth control had failed.

After the Thrifty White pharmacist rejected Anderson's prescription, he told her not to go to a nearby pharmacy because the employees there would also likely refuse her request.

"He did not clarify what his beliefs were or why they interfered with his ability to perform his job as a medical professional," the lawsuit said. But Anderson said the pharmacy's owner, Matt Hutera, gave her more information.

Hutera told Anderson that Badeaux had refused to fill prescriptions based on his personal beliefs before, and let her know that the pharmacist was also a pastor at a local church, the lawsuit said.

Anderson drove about 20 miles to a CVS pharmacy in a neighboring town, where another pharmacist declined to fill her prescription. That pharmacist, who is not named in the suit, told Anderson the CVS pharmacy did not have ella in stock and could not get it from a wholesale provider in time for her to take the pill, which must be taken within five days of unprotected sex.

The CVS pharmacist allegedly called a Walgreens pharmacy more than 50 miles away from Anderson's home, but told her that location did not have the pill either.

Anderson decided to call the Walgreens herself. The pharmacist confirmed that the CVS employee had phoned minutes before, but told Anderson the pharmacy, about an hour away in Brainerd, Minn., would be happy to fill her prescription the following day.

On Jan. 22, Anderson strapped her young son into his car seat and drove to the Walgreens. By then, snowflakes had begun to fall and the temperature dropped to the single digits. The lawsuit describes "white out" conditions as Anderson drove to and from Brainerd on a three-hour round trip.

Ultimately, she got the pill from a pharmacist at the Walgreens and made it home safely after driving more than 100 miles through a blizzard.

Minnesota regulations allow pharmacists to turn away patients seeking emergency contraceptives because of religious or personal objection, the suit concedes. But the rules, which date to 1999, require the objecting pharmacist to counsel the patient on other ways to obtain the drugs.

Anderson's lawsuit alleges that neither pharmacist she spoke with helped her find a way to get the pill she needed, and one told her incorrect information that could have prevented her from finding the medicine.

The lawsuit argues that refusing to provide women access to the morning-after pill is a form of sex discrimination and violates people's civil rights.

"When pharmacists refuse to fill a prescription due to their personal beliefs, refuse to follow the rules of the Pharmacy Board and have a backup referral ... they're violating those rights," Gender Justice Executive Director Megan Peterson told the Duluth News Tribune. "They're putting their personal beliefs ahead of someone's health care."

Cody Wiberg, the director of the Minnesota Board of Pharmacy, told KSTP he had only seen two other complaints like Anderson's in 20 years. Thrifty White Pharmacy told the TV station this week that Badeaux no longer works at the drugstore.

A Section on 12/14/2019

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