CanI file a claim for personal injury and medical cost against a birth control implant manufacturer?

I had my daughter 2 years ago shortly after (maybe 6 weeks later) I had an IUD implanted. In those 2 years Ihave been to the emergency room and diagnosed with pelvic inflammatory disease, chron’s disease and am now seeing medical help for a urinary problem. Prior to this implant I had never had any of these issues. Can i file a claim for personal injury, pain and suffering, not to mention the medical cost as I am an uninsured person at the moment?

Asked on November 1, 2011 under Personal Injury, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file a personal injury suit if you can establish a connection between the IUD implant and the negative symptoms that you have been suffering.  Many people see ads on TV that ask questions like, "Have you or a loved one been taking______," and if so, direct you to call an attorney.  These ads are very luring, but are somewhat misleading.  Not only do you have to prove that you took the drug or treatment, but that it caused your injuries.  Proximate causation is one of the more hotly contested issues in any given personal injury suit.  Because the symptoms appeared after the implant and the birth of your child, the implant makers will probably argue that the birth of your child was the causation, not the implant.  To know how you will really stand, consult with a personal injury attorney that specializes in product liability suits-- not just car wreck cases.  They will be more familiar with current drugs on the markets and pending lawsuits that you may be able to join as part of the class action.  Many personal injury attorneys will offer consultations for free or a nominal fee.  Considering the extensive symptoms that you've endured, a simple consultation would be worth the effort to recoup your personal and financial losses for pain and suffering and your medical bills.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.