Can I Sue Paraguard Iud and Win

Updated on July 11, 2015
K.T. asks from Turlock, CA
14 answers

I got a blood pregnancy test before it was put in and it was negative. I was admitted to the hospital with a fever of 104.6 and developed septic in my blood(infection in my blood) not to mention they said it could have killed me if i didnt get the infection out. I was hospitalized for 3 days and the iud was all over the place, even punctured my uterus causing blood build up in my uterus not to mention infected blood. I ended up having a miscarriage and the iud was all over the place it had to be surgical removed because they couldn't find it through a regular removal. I also had to get stitches because they had to put a microscope inside my belly button. This has caused me so much pain and missed alot of work now because of it. I cant even work after being out of the hospital yet.

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C.N.

answers from Baton Rouge on

You can sue, but chances are, you signed a consent form before having it placed, and the danger of displacement was one of the risks you accepted by signing that form.

4 moms found this helpful

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T.S.

answers from Washington DC on

First, I am so sorry you are going through this. It must be traumatic and frustrating.

Second, although you can sue anyone for anything you aren't likely to win suing Paraguard for this. An attorney who takes your money to bring this case is not acting in your best interest.

The situation you went through, while very uncommon, is not unheard of. It is described clearly on Paraguard's own website under "Safety Questions" http://paragard.com/Safety-questions.aspx See: Pelvic Inflammatory Disease, Difficult Removals, and Perforated Uterus...
This was undoubtedly in your pre-insertion documentation you received from your doctor.

Focus on your recovery, not on getting revenge, it will go a lot further.

5 moms found this helpful

D.B.

answers from Boston on

Consult a reputable personal injury/medical malpractice attorney - you can get a referral through any attorney in any specialty. If you have a family attorney, have used a real estate attorney, etc., contact all of them and ask for referrals. Do not call a number you see in a TV commercial.

Typically, personal injury attorneys give a free consultation, and then decide whether your case has merit. If it does, they usually work on contingency, taking 1/3 of the final award. You would not have to lay out any any money. You may sue individually, or as part of a group action if there are a lot of other women in similar situations.

Get your hospital records as well as the consent form you signed when you had the IUD inserted. The attorney will need all of that. If you signed that you knew there was a risk of any of the conditions that occurred, you may be out of luck.

I'm so sorry this happened to you.

4 moms found this helpful
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S.B.

answers from Houston on

Anyone can sue. I have no idea if you would win or not. Only an attorney can answer that.

3 moms found this helpful

C.V.

answers from Columbia on

I would say that you'll lose. When you agree to have the IUD placed, you sign a long document before the procedure which outlines all the possible complications. Most patients don't read it or listen to the nurse who brings it, so I imagine you didn't either. You signed, agreeing that you understood the risks when having the IUD placed and agreed to go ahead with the procedure.

So you had complications. That sucks. One of my buddies had a shoulder ligament repair a few weeks ago that became infected. He had to go to the ER and spent 2 days in the hospital fighting the infection. They had to reopen all his stitches and in a couple of months they have to redo the whole surgery. It sucks, but medicine and surgical technique isn't perfect. Doctors are people and people aren't perfect. That's why they call it "practicing" medicine.

The physician did their due diligence and gave you a pregnancy test before placing the IUD. Unless you can prove that the doctor placed the IUD using improper sterile technique, and unless you can prove that you followed all aftercare instructions and did not cause the infection yourself, you really have no case.

Sorry. File for disability to get some financial help while you can't work.

3 moms found this helpful

B.C.

answers from Norfolk on

"Can you sue paraguard"?
Yes.
"And win"?
Probably not.

Well, define 'win'.
If you go through the process, spend $1000's on a lawyer and win an award of $10.95 you technically won but would it be worth it?

Apparently there were several class action suits around 2013 that you might be able to participate in (if they haven't finished already) - however payouts from these things are usually very small.

Google it and see if anything current turns up.

2 moms found this helpful

O.H.

answers from Phoenix on

Yes you can sue for anything. No we will not know if you will win or not. Good luck.

2 moms found this helpful

L.L.

answers from Dover on

Can you sue them? yes. Will you win? Possibly.

We don't know from your story if the iud was "all over the place" because of a problem with the iud or possibly doctor error. Also, if the complications you describe are listed as possible complications and you signed for the procedure, you may be able to win some amount but you really did accept associated risks when you signed for the procedure.

2 moms found this helpful
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N.B.

answers from Oklahoma City on

Talk to an attorney but from what I've heard these are normal side effects they know about and let you know about in some way before you have the procedure done.

An attorney will let you know if you have a case.

2 moms found this helpful

T.F.

answers from Dallas on

Sure you can sue anybody for anything. The fact is you signed off on documents before the procedure notifying you of potential side effects.

Although side effects like yours are rare, it can happen and unfortunately it did.

Any attorney will gladly take your money. Keep in mind if you pursue this you will more than likely be out more money from your pocket than you'll ever receive.

I am sorry this happened to you. Unfortunately, there are so many frivolous lawsuits now that none are taken seriously.

I sat on a jury for 4 long days on a case with a lawsuit. Nowadays, we as jurors and most jurors see it as a money grab. I realize that is unfortunate for the honest people who might actually have a case.

Sometimes it's better to cut your losses, look to the positive and let it go. Move on.

Best of luck to you.

1 mom found this helpful
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C.P.

answers from San Francisco on

I had to sign a consent when I had my para guard placed. I'd guess that was because the risks of a rare and traumatic event like that was explained to me before it was put in. I'm so sorry you are going through this. If you didn'tsign a paper or wernt explained the risks if certainly try to sue. Otherwise unfortunately for most doctors they discuss the risks thoroughly in person and have it for you to sign in writing. Maybe your place is different?

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S.B.

answers from Minneapolis on

Absolutely and probably. You will need to get in contact with a good MedMal attorney and see if you have a case. Most of these tend to settle out of court. Yes the attorney is going to get a big chunk - he will work hard and will also have a lot of costs - especially if he needs to hire experts to review your medical records.

Good luck and I am very sorry that this happened to you.

A.J.

answers from Williamsport on

I would absolutely look into it with several lawyers if you can afford consultations :(. It may be a lost cause, but if you had any extra medical expenses as a result of these horrible events in addition to lost earnings, they should pay those expenses at the very least. If the cost of fighting would cancel it out it may not be worth it. Research any class action suits that may be going on and get leads that way too.

I too had horrible side effects from Paragard which were NOT listed as risks. I ended up removing it myself. I don't have anything sue-worthy to pursue as insertion was covered by insurance, I had no pregnancy, and my suffering didn't cost money. But it's a horrible little device for sure.

I'm so sorry this happened to you. If you were rich enough to go after them effectively you could probably get a big old pile of money. If not, they're probably protected against most mortals. But I would sure as heck look into it further. Good luck!

S.T.

answers from Washington DC on

it would be lovely if we could know in advance who can win lawsuits, and why. i totally understand your anger, and i'd share it. you might even have a viable case. but without a thorough review of your medical situation by doctors and attorneys alike, you can't get a good answer on this.
you almost certainly signed a lot of your rights away when you agreed to have the IUD implanted.
but this sucks, and i hope you're able to get some sort of compensation from them. it's a long shot, but possible, i guess.
but you need to speak with an attorney.
khairete
S.

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