Many people rely on birth control to make personal decisions regarding their health and family planning. Not all forms of birth control are the same.
There are many options for female birth control. Some of the most popular types include temporary or permanent IUD implants and the pill.
Unfortunately, some types of birth control are safer and more effective than others. Sometimes, those who rely on birth control can still become pregnant.
When this happens, you probably have many questions. One of the most common questions in this situation is, “Can you sue a birth control company for getting pregnant?”
Below, we will discuss the possibility of pursuing legal action if you get pregnant while using birth control.
If you need legal advice regarding a birth control case, speak with a knowledgeable attorney immediately. An accomplished legal professional will review the facts of your case and help you determine your rights and options.
In some cases, birth control users may be able to file a medical malpractice claim against the manufacturers of certain products. The skilled team at Morgan & Morgan knows how to handle these complex cases.
Our legal team has plenty of experience handling medical malpractice claims. We will work tirelessly to recover maximum compensation in your birth control case.
Can you sue a birth control company for getting pregnant? With our help, you may be able to.
Understanding Birth Control Lawsuits
Birth control lawsuits are not only a means of securing financial compensation for the victims of defective products. They are also a powerful tool to keep dangerous or ineffective birth control products out of the marketplace.
If you have unintentionally become pregnant, you might wonder, “Can you sue a birth control company for getting pregnant?” While this type of legal action is possible, it is not the only type of birth control lawsuit you can pursue.
There are many different ways that birth control may be defective or faulty. Depending on how birth control has caused damage to a user, the victim can pursue financial recovery for the losses they experienced.
Some examples of birth control lawsuits include:
Defective IUD Lawsuits
Intrauterine devices (IUDs) are designed for long-term use to prevent pregnancy. They are small objects that are put into the person’s uterus.
In recent years, this type of contraceptive has become increasingly popular. However, some defective IUDs have reportedly caused problems for those who rely on them.
For instance, Mirena IUDs were approved for use in the United States in the year 2000. Many issues and problems have been reported from those using this type of IUD.
Some of the most common issues include:
- Intense bloating
- Nausea and lightheadedness
- Spontaneous expulsion of the IUD device
- Perforation of the intestine or uterine wall
- Ectopic pregnancies (occurring outside the uterus)
- And more
Defective IUD devices have the potential to move from the uterus to other locations. Most of the lawsuits surrounding IUDs focus on the physical damage to the victim.
The most common injury is perforation of the intestinal wall and uterus. In the case of Mirena, the manufacturer knew about the potential dangers of their products before distributing them.
If you have been hurt as the result of a defective IUD, seek legal counsel immediately. You may be owed significant compensation following the use of defective birth control.
While many wonder, “Can you sue a birth control company for getting pregnant,” few victims experience significant health issues because of faulty medical products.
Birth Control Pill Injury Lawsuits
Most birth control pills are safe and effective. However, some types of birth control pills have been associated with certain health risks and problems.
For example, some people taking Yasmin or Yaz birth control pills have been shown to have an increased risk of blood clots.
Recently published studies showed that women taking birth control with drospirenone faced a higher risk of dangerous blood clots. The FDA recommends that those considering these drugs should speak with their healthcare providers.
The question of legal action in these cases is not determined. Drug companies are required to inform consumers of any known risks or dangers that arise from using their products.
However, if the company does not know about a potential danger, it may not be legally liable. If you or someone you love has experienced significant health problems after using this type of birth control pill, reach out to Morgan & Morgan.
Our experienced legal experts will review your case and help you to determine the best path forward.
Can You Sue a Birth Control Company After Getting Pregnant?
Health issues arising from the use of birth control may form the basis for a tort lawsuit. However, attempting to sue because of unintended pregnancy is a different issue.
When a birth control company’s faulty product leads to unwanted pregnancies, the women who are affected may pursue legal claims. For example, the Pfizer company was forced to recall more than a million birth control pill packets because of a manufacturing mix-up.
These defective pills were manufactured with too few contraceptives. This led them to be less effective than advertised.
Women who become pregnant from using ineffective birth control pills may be able to pursue some of the associated costs of raising the child.
Both state and federal laws allow people to sue companies if their birth control products fail to work as intended. Some of these cases are categorized as “wrongful birth” lawsuits.
Laws regarding these lawsuits vary from state to state. Some state laws only allow victims to sue if their infant was born disabled or injured.
Other states allow legal action when any birth control method does not work as advertised. Mothers who have experienced unintended pregnancies should seek medical attention as soon as possible.
It is also crucial to speak with a skilled attorney from Morgan & Morgan. Our legal team will help you determine the best course of action in your case.
There are many potential health risks that result from this type of pregnancy. When a fetus develops despite the presence of contraceptives, they face a higher risk of birth injuries or defects.
If you are in this situation, you should address the issue as quickly as possible. A knowledgeable medical professional can offer health and wellness advice.
Make sure to follow relevant medical advice as closely as possible. This is important for your own health and safety.
However, it is also critical to follow health directives for the sake of any resulting lawsuit. The success of your claim will depend on how well you follow your medical care provider’s advice.
In 2015, over 100 women filed a class-action lawsuit against the drug manufacturer Qualitest. A packaging mistake resulted in women taking placebo pills rather than effective contraceptives.
As a result, some women experienced unintended pregnancies. Some of the women filed a lawsuit through the state courts in Pennsylvania, where the company is headquartered.
Those who experience unintended pregnancy as the result of faulty or defective birth control should speak with a trustworthy tort attorney. You should not face the costs and losses that result from defective birth control on your own.
When you are wondering, “Can you sue a birth control company after getting pregnant?” call the experts at Morgan & Morgan. For more than three decades, our firm has fought for the rights of those who have been harmed by defective products.
No matter what the circumstances of your birth control claim, our attorneys can help. Reach out to our office to schedule a no-obligation case evaluation.