However, the jury found that the pharmacist caused the woman emotional harm in the amount of $25,000.
According to the original complaint, Andrea Anderson, a mother and licensed foster parent, obtained a prescription in January 2019 for Ella — also known as the “morning-after pill” or emergency contraception — after her regular birth control failed.
Her doctor sent the prescription to the McGregor Thrifty White pharmacy, but the pharmacist on duty, George Badeau, told Anderson he would not be able to fill her prescription because of his “beliefs.”
According to the complaint, Bado “failed to clarify what his beliefs were or why they interfered with his ability to perform his job as a medical professional.”
Anderson eventually found a pharmacy that was willing to fill her prescription — after making a more than 100-mile round trip in a snowstorm, the complaint states.
Bado’s attorney, Charles Shreffler, said in a statement that he and his client were “incredibly pleased with the jury’s decision.”
“Medical professionals should be free to practice their profession in accordance with their beliefs,” the statement said. “Mr. Bado cannot 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 act according to their ethical and religious convictions. Doctors, pharmacists, and other health care providers are no different.”
CNN has reached out to lawyers for Thrifty White pharmacy for comment.
Gender Justice, the advocacy group representing Anderson, argued that denying Anderson services based on her reproductive health needs was illegal gender discrimination and violated the Minnesota Human Rights Act.
The group said it will appeal the jury’s decision to the state Court of Appeals.
“To be clear, Minnesota law prohibits discrimination based on gender, and that includes refusing to fill prescriptions for emergency contraception,” said Jess Braverman, director of legal affairs for Gender Justice. “The jury wasn’t deciding what the law was, they were deciding the facts of what happened here in this particular case. We will appeal this decision and will not stop fighting until Minnesotans can get the health care they need without interference from providers putting their own personal beliefs before their legal and ethical obligations to their patients.”
After a major pharmaceutical business deal in 2017, the so-called morning-after pill has become the most widely used over-the-counter emergency contraceptive in America. Since the overturning of Roe v. Wade, there have been concerns that some types of birth control will not be available, and demand for longer-lasting birth control and emergency contraception, including the morning-after pill, has increased.
CNN’s Keith Allen also contributed to this story.
Add Comment