A decision is expected by the end of this week.
“No Minnesotan seeking medical attention should be denied because of the personal beliefs of their health care providers,” said Jess Braverman, legal director of Gender Justice, which filed the lawsuit on behalf of Anderson.
“Pharmacists, like any other healthcare provider, have a legal and ethical obligation to provide their patients with the care they need. In this regard, Andrea has failed at every turn and we intend to ensure that others do not have to take the same ridiculous hurdles as she did,” Braverman said in a previous statement.
A lawyer for Badeaux did not immediately respond to a request for comment from The Washington Post on Wednesday morning.
The owner of McGregor Pharmacy did not return calls for comment.
She had to fill her prescription for the morning after pill. The pharmacist, she claims, refused because of his ‘beliefs’.
In the winter of 2019, Anderson, a mother and foster parent, received a prescription for the morning-after pill ella from her doctor after her primary method of contraception, a condom, failed, according to the lawsuit.
Research shows that emergency contraceptives like ella prevent pregnancy by preventing or delaying ovulation to prevent conception. Unlike the drug Mifeprex, these pills do not terminate a pregnancy, which is defined by the scientific community as an already fertilized egg implanted into the uterine wall.
Morning-after pills such as ella and Plan B must be taken within five days of unprotected sex, so Anderson “acted quickly because any delay in getting emergency contraception increases the risk of pregnancy,” the lawsuit said.
Not long after the prescription was called in to McGregor Pharmacy, identified in court files as McGregor Thrifty White pharmacy, the pharmacist called Anderson and allegedly told her he would not fill it for “personal reasons,” according to the lawsuit. It stated that Anderson initially thought the pharmacist meant the prescription would interact with other drugs. When she asked for clarification, he allegedly told her that he would not fill the prescription because of his ‘beliefs,'” according to the lawsuit. He allegedly told her that another pharmacist would be at work the next day, but he could not guarantee the pharmacist would help.
Anderson said the pharmacist also discouraged her from trying another local pharmacy and failed to provide information on how to get the medication, according to the lawsuit.
She finally found a pharmacy 50 miles from her home that was willing to help. After more than three hours of driving through a snowstorm with her 2-year-old son in the car, she came home with the medication, the lawsuit said.
The Minnesota trial comes amid a nationwide debate on birth control that has been gaining momentum since the recent Supreme Court decision that overturned federal protections for abortion access. On July 21, the U.S. House voted to pass legislation that, under federal law, would protect people’s right to contraception and ensure health care providers prescribe it. It is unclear whether the bill will pass the US Senate.
Kansans firmly rejects amendment aimed at limiting abortion rights
Anderson’s lawyers declined to comment ahead of the jury’s decision. But in an earlier statement they released, Anderson said she was raising awareness so that others might not face the same roadblocks.
“Like everywhere, there are challenges to living in a rural area,” she said in a 2019 Gender Justice statement. would have — and exercise — tremendous decision-making power over my life.”
“I can only hope that by coming forward and pursuing justice, others don’t have to go through the ridiculous hurdles I did,” she said.