How can I sue paraguard iud ?

Asked 9 months ago - Hialeah, FL

In march 2010 I had paraguard put in . I had many issues cyst pain ect in may of 2013 I became pregnant . I wanted the iud removed I went to 3 different doctors and with multiple attempts and alot of pain we were unable to locate the iud . Upon ultrasound it was located dislodged and in a place with removal my son would be miscarried . So I was forced to keep going not knowing if my child would survive as it could puncture the placenta anyway every month we checked wear it was till we lost it in the 6th month jan 2014 I go into labor hoping we find the iud my doctor searched threw the fluid ect. We located the iud lodged inside the placenta where by the grace of god or miracle it didn't puncture or case my son a birth defect . There is so much more to tell I need help !!!

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I have yet to see a viable Paragard case, as they provide a pamphlet of the risks to your doctor who informs you of them. Only about half the states allow for a lawsuit due to what amounts to immunity, but check with a local lawyer in your state.

  2. Clifford M. Miller

    Pro

    Contributor Level 19

    Answered . It sounds like you were very fortunate and do not have much in the way of damages. So, I doubt that suing anyone would get you anything. You might search online for people who do Paraguard cases.

    BTW, it is not "malpractice," but a products liability claim because inserting the IUD did not fall below the standard of care at the time.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  3. David Ian Schoen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As you say, if your son is fine you are indeed fortunate. However, it makes it less likely that you have a viable claim. Consult with an experienced Fl medical malpractice attorney to make sure.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  4. Dennis Wayne Tackett

    Pro

    Contributor Level 18

    Answered . Be thankful there appears to be no permanent damage. Obviously the IUD did not prevent pregnancy. You should consult with a products liability/ mass tort/ medical malpractice attorney to ensure that any rights you have will be protected. Good luck.

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