Medical Malpractice/paragard iud


I had a paragard iud placed after my second child. It moved and I became pregnant.  It remained in my body throughout the pregnancy and did not come out after I delivered my daughter.  Now I need to have surgery to have it removed.  Please help me know if it is possible to file a lawsuit for all these complications I greatly appreciate your help.

You say "all these complications" but I count only two.  One, you got pregnant and two, you need surgery to remove the IUD.  One question is, will you need a laparotomy involving a "open" surgery or can they do it by laparoscopy, a much smaller surgery?  In any event, while anyone can file a lawsuit against anyone or anything at any time, you really don't have any legal recourse.  Reason is (1), IUDs are not advertised to be 100% effective.  There is a definite and documented pregnancy rate.  In other words, you were not guaranteed that you would not become pregnant.  Also, it is very common for IUDs to move around and not rare at all for IUDs to become embedded or even perforate the uterus.  There is no recourse in any of these situations because in order to sue a large pharmaceutical company you need doctors, scientists, researchers and a very large amount of money to hire these experts to come up with evidence that the product was defective in some way.  Therefore, such cases only work if there are literally thousands of plaintiffs who all join in the lawsuit.  At that point, lawyers get interested, pool resources and build the case as in a class action.  Nothing like that is happening with Paraguard to my knowledge and  your one case can't carry the day.  Consider this also:  if you did file a lawsuit you would have to allege that you suffered great DAMAGE AND INJURY as a result of getting pregnant and having your daughter.  I bet you don't actually feel that way or at least I hope you don't.  Make sense?

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Glenn A. Dorfman


Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues


Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

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