In general, a contraceptive may be described as a type of product that temporarily prevents or reduces the likelihood that a person will become pregnant if they engage in a relationship that is sexual in nature. Once a person stops using a contraceptive product, however, they will no longer be protected from getting pregnant.
Some examples of contraceptives that are commonly used by consumers include:
- Birth control pills;
- An intrauterine device (“IUD”);
- A birth control implant;
- Pregnancy prevention shots; and/or
- Prophylactics or condoms.
In cases where a person is injured by a contraceptive, they may be able to file a legal claim against a manufacturer and/or a medical practitioner in civil court. If the injured party is successful in bringing their case, then they will likely be able to recover an award for monetary damages.
To learn more about the laws and legal procedures required to file a contraceptive lawsuit in a local court, you may want to contact a local personal injury lawyer for further legal advice on the matter. An attorney can determine whether an injured party has a viable claim and can help them navigate the steps of properly bringing a contraceptive lawsuit in compliance with the relevant laws.
What are Some Common Contraceptive Lawsuit Claims?
There are a number of serious injuries that a consumer may suffer after using a contraceptive. For instance, the consumer may become infertile, experience blood clots, give birth to a child with birth defects, and/or even cause the consumer to become deceased. While contraceptives rarely ever cause their users to die, death is still a possibility and any other injuries associated with the use of contraceptives tend to be fairly serious.
Some additional injuries that a plaintiff may suffer from using a contraceptive may include:
- Pains near or in the pelvic area;
- Formations of ovarian cysts;
- A need for a hysterectomy;
- Rips or tears in organs that are vital to the reproductive system;
- Life-threatening pregnancies or childbirths;
- Movement of internal contraceptives to other parts of the body;
- Pelvic inflammatory disease;
- Swelling or ulcers in bodily organs;
- Stroke deep vein thrombosis;
- Mood swings, depression, and other mental or emotional side effects caused by the hormones used to make a specific type of contraceptive;
- Emotional or mental anguish associated with an unwanted pregnancy or childbirth; and/or
- Complications from undergoing multiple surgeries to remove or locate the IUD or another type of contraceptive implant.
One common claim that may serve as the basis of a lawsuit involving injuries caused by a contraceptive is a claim for products liability, which may be filed against the manufacturer of the contraceptive in question.
In general, a product liability lawsuit may be filed when a consumer is injured by a product due to a defect found in the product. For example, a contraceptive may have a defect in its design or with its warning label if the label is missing or insufficient.
In addition, a manufacturer can be held legally responsible for breaching a warranty related to a contraceptive product, such as claiming that the contraceptive was safe or effective. A manufacturer or seller can also be held liable for fraudulent misrepresentation if they knowingly created and/or sold a contraceptive product that was neither safe nor effective for its users.
If the person filing a contraceptive lawsuit can prove that their injuries were a result of a manufacturer or seller’s actions, then they may be able to recover some amount of monetary damages for their injuries. They may also request that the court order the manufacturer to issue a recall on a particularly defective contraceptive product.
Another common claim that may be asserted for the foundation of a contraceptive lawsuit is a claim for medical malpractice. In general, a medical malpractice lawsuit may arise when an individual has been injured due to negligent conduct carried out by a trained medical professional. Medical malpractice lawsuits are usually filed in the following types of situations:
- When a medical professional improperly installs a contraceptive in a patient (e.g., an IUD or other birth control implant);
- If a medical professional gives inadequate or improper instructions in regard to how to use a contraceptive;
- When a medical professional negligently prescribes a contraceptive that reacts poorly to a patient’s chemical makeup or other medications they may be currently taking;
- If there are pharmaceutical errors that a medical professional should have noticed or should have known to look for when submitting a prescription; and/or
- When a patient starts suffering serious side effects from a contraceptive and a medical professional fails to take them off the drug in time before it causes severe harm to that patient.
What are the Remedies in a Contraceptive Legal Claim?
There are a number of remedies that a prevailing plaintiff may be able to recover under a legal claim for injuries caused by a contraceptive. The legal remedies available will typically depend on the laws of a specific jurisdiction, the facts of a particular case, and on the severity of the injuries that a plaintiff sustained after using the contraceptive product in question.
Some common examples of legal remedies that an injured party may be able to collect under a contraceptive legal claim may include the following:
- A monetary damages award to cover any medical expenses that a plaintiff was forced to pay out of pocket to treat their injuries;
- Damages to pay for legal costs, such as attorneys’ fees and administrative court costs, which would not have occurred if the plaintiff had not suffered injuries due to using the contraceptive product at issue;
- An award for punitive damages in cases where an injured party can prove that a medical professional caused intentional harm or was grossly negligent when prescribing or inserting a contraceptive product;
- A full refund in the amount spent to pay for the contraceptives that caused the plaintiff to suffer harm; and/or
- A court order that demands the manufacturer recall the contraceptive product or fixes the defect so that the contraceptive no longer causes harm to any of its users.
When Should I Contact a Lawyer?
Injuries sustained from using a contraceptive can seriously impact one’s health and may become very costly to treat. Therefore, if you have encountered any medical issues as a result of using a specific type of contraceptive, then it may be in your best interest to contact a local personal injury lawyer for further legal guidance on your matter.
An experienced personal injury lawyer can determine the best way for you to proceed with your claim after analyzing all of the potential legal options you may have based on the facts of your case. Your lawyer will be able to help you to file a lawsuit against a medical practitioner and/or manufacturer of a contraceptive product as well as can provide legal representation in court. Your lawyer can also assist you in gathering relevant evidence to support your case.
In addition, your lawyer will be able to answer any questions you may have about the laws affecting your contraceptive lawsuit and can ensure that your legal rights are protected under the applicable statutes enacted in your jurisdiction. Lastly, your lawyer can discuss the possible remedies you may be able to recover depending on the outcome of your case, or alternatively, can help you file an appeal if you are not satisfied with the results of the case.