Without sitting down with you to discuss the factual circumstances and your medical history in greater detail, it's difficult to assess the strength of your case. That said, based on the facts you've provided, it's certainly worth sitting down with an attorney for a free consultation. I'll be in Battle Creek for another matter early next week and, given your condition, I'd be happy to come to you to provide you with a free consultation and an assessment of the strength of your potential claim. If you'd be interested in discussing this further, please contact me directly at 616-606-5296. I hope this helps. Take care.
My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship, nor is my response to your question to be considered legal advice. While I do my best to provide helpful responses given the factual scenario presented, proper analysis of any matter requires a more in-depth conversation than what is practical on Avvo. If you would like to discuss your matter further so that I may provide you with more specific advice, please take advantage of your free consultation by e-mailing me directly at email@example.com or by calling me directly at (616) 606 - LAW-6 (5296). If you are a member of the military, or if an immediate family member of yours lost his or her life while fighting for our country, I am proud to offer you a 10% discount on my fee.
I would take up Attorney Larson on his offer of a free consultation. Many more details of your medical history are needed before anyone could state you have a case against the IUD manufacturer.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
The literature indicates the the ParaGard Copper IUD can offer effective, long-term contraception for an appropriate candidate. The Mayo Clinic, for example, reports the device provides some of the following potential benefits:
•Eliminates the need to interrupt sex for contraception or seek partner compliance
•Can remain in place for up to 10 years
•Can be removed at any time, followed by a quick return to fertility
•Decreases the risk of endometrial cancer and possibly cervical cancer
•Can be used while breast-feeding — though there may be an increased risk of perforation or expulsion when inserted soon after delivery
•Doesn't carry the risk of side effects related to hormonal birth control methods
•Can be used for emergency contraception if inserted within five days after unprotected sex
The same literature, however, reports that the device is not appropriate for everyone and, in most instances, should not be used in the following situations:
•Have uterine abnormalities that interfere with the placement or retention of ParaGard
•Have a pelvic infection, such as pelvic inflammatory disease
•Very recently gave birth or had an abortion
•Have uterine or cervical cancer
•Have unexplained vaginal bleeding
•Are allergic to any component of ParaGard
•Have a disorder that causes too much copper to accumulate in your liver, brain and other vital organs (Wilson's disease)
•Have or are at high risk of a sexually transmitted infection
•Had previous problems with an IUD
I agree with Mr. Larsen, you should consult with an attorney directly to determine whether this device was right for you or was improperly inserted, and/or if it may have been defective in some fashion. It will also be important to know about the date(s) on which the device was inserted, as well as your health history both before and after the device was implanted.
If you would like to discuss this in more detail, fell free to contact me at the number below.
Scott R. Melton
Gruel Mills Nims & Pylman LLP
50 Monroe Avenue NW, Suite 700W
Grand Rapids, MI 49503
(616) 235-5550 (fax)
This information is provided for general information only and does not create an attorney client relationship. For actual legal advice related to your personal circumstances, or if you are interested in pursuing a potential legal action, you should contact an attorney of your choice and discuss the specific facts related to your own situation.
It certainly sounds worth investigating. the loss of the ability to have kids is a very serious matter. Good luck
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