Can I sue the manufacturer of my IUD if I still got pregnant?

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Can I sue the manufacturer of my IUD if I still got pregnant?

I had it for the last 2 years. Recently I had got pregnant. Also, the IUD was embedded into my cervix. I had to get an abortion because I was too sick with the pregnancy where I couldn’t even work. Additionally, during the pregnancy the IUD gave me problems where I was having severe cramping. The only way it could be removed was when I got the abortion. Can I do anything?

Asked on July 30, 2015 under Malpractice Law, Georgia

Answers:

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

Answered 6 years ago | Contributor

Similar to a wrongful death suit, many people have tried to sue for wrongful births.  These types of suits against the makers of birth control devices have not had the best success.  However, your case is a bit more than just an unexpected birth, it appears you had additional complications specifically related to the IUD.  This would actually be more attune to a products liability suit.  You can suit for the defects in the product.  Consult with a personal injury who specializes in product liability suits.  A general personal injury attorney who handles car wreck cases will not be sufficient for your case.  There are already some IUD lawsuits pendings... simply do a search for "IUD lawsuits".  You don't have to go with any of these firms, but reading the information regarding these lawsuits will give you a better idea of what options are available for your situation.


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