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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can I pursue action against the Manufacturer of my Mirena IUD

Resolved Question:

Can I pursue action against the Manufacturer of my Mirena IUD if it perforated my uterus and I became pregnant?
Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

In this situation, you absolutely can file suit against the manufacturer. However, the question is whether this is a "products liability" situation, or a "medical malpractice" situation. From my limited understanding of this product, the doctor must correctly place the IUD in you for it to be effective. If the doctor does not correctly place the IUD in you, and there is no other indication of a bad design of the IUD, then your likelihood for recovering anything in a suit against the manufacturer is greatly limited. In this situation, if you came to me and asked for representation, I would also state that I would have to sue the doctor. Why do you feel it is not the doctors fault? Let me know and I'll further comment.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

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Customer: replied 7 years ago.

Hi, and thanks for your info!


The reason I say that I don't feel that it's the doctor's fault is that he inserted it and then checked the placement in about 3 weeks, just as is recommended by the manufacturer, and when the string were checked, it was still in place and seemed to be fine. I've been seeing him since I was 20 years old (13 years), he's always been very kind and professional and has handled this situation w/great compassion. I'm a pharmacist myself and can imagine what a blow it would be to be sued for "harming" a patient. On the other hand, I've missed a total of about 7 days of work as a result of this situation, my husband's had to miss at least 2, and the IUD itself and its placement set me back about $1000. Now, it's removal and the tubal ligation that I'm having next week are going to end up costing me a MINIMUM of $2000. I know this is pocket change to a lot of people, but to me it's quite significant, and I feel like someone should be responsible besides me...

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