Can I sue the manufacturer of breast implants that caused my infertility?
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Can I sue the manufacturer of breast implants that caused my infertility?
I’ve suffered depression, anxiety, headaches and many other ailments for years.
Asked on August 5, 2017 under Malpractice Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In theory, yes. However, here are the issues or hurdles to contend with:
1) First, you have to have medical evidence they caused your infertility. Correlation--e.g. that you became infertile after the implants--is not enough, and common knowledge (e.g. news articles or reports on the internet) is not enough either--you need a doctor, with training or expertise in the field of infertility, to have examined you and determined the implants caused *your* infertility.
2) Similarly, to the extent you blame the implants for other conditions (e.g. depression, headaches) you need medical evidence linking them to those conditions.
3) There is something called a "statute of limitions": that is the time period within which you must file a lawsuit. If you don't file within the statutory time frame, you are barred or prohibited from suing. In your state, the relevant statutes of limitation for a case like this (medical malpractice or product liabilit)y are no more than 1 year (medical malpractice) or 2 years (product liability) from when you actually did, or reasonably (i.e. logically) should have discovered the issue. If you have suffered from issues "for years," it may be too late to take file a lawsuit or take legal action.
If you want to explore suing, contact a product liability attorney NOW, before any more time goes by, to discuss if you have a case.
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