Hi, my name is Katina, I had an IUD (Paraguard) placed back in 2014, I was told that it lasts up to 10 years, and that it was over 99.9% effective. I found out yesterday, that I'm indeed pregnant, I took a home pregnancy test...two actually, because I was so shocked. I did some research, and I seem to be having symptoms of an Ectopic pregnancy, and I am terrified, because when I gave birth to my last child, I experienced a placental abruption. Being as though I didn't want to experience that again, I decided to get the IUD placed. Since i have had it, I have been experiencing some side effects that have become worse over time, but my main concern is me becoming pregnant with this thing in place, do I have lawsuit? if so, who do I contact?
First, you need to get to an OB/GYN and figure out exactly what's what.
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Start with your doctor and get a complete medical work-up. IUDs are not guaranteed 100% effective, but there have been some recalls of IUDs. Liability would depend on whether a defective IUD can be identified as the cause of your pregnancy (product liability), or whether the IUD was not placed properly by your doctor or was medically contraindicated (medical malpractice). Damages would be limited to the costs of treating the Ectopic pregnancy and any permanent impairment or damage caused to your health as a result of that type of pregnancy, if you can trace the cause to either a defective product or medical malpractice. If you can't prove either, then such a pregnancy, although rare, may still happen even if the IUD is not defective and the doctor did nothing wrong. If you have a normal pregnancy, then you cannot sue for "wrongful birth" and you will have no claim. Once you have a complete medical workup and know exactly what kind of pregnancy you have and possibly the cause, take all your medical records to a medical malpractice/product liability lawyer to review whether you have a case.
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