Last October I had an Mirena IUD put in. 4 weeks later during a check up the Dr was unable to locate the Mirena. After 2 ultrasounds and an Xray with no findings I was told "It must have fallen out"
Fast forward to a couple weeks ago, I've been having some back pain and some shooting pain up and down my right side. So I go to a Chiro and they take Xrays. And guess what they found!!? My Mirena is still inside of me, but instead of where it is supposed to be it is near my ribs. After scheduling an MRI it shows that it is in my abdominal wall. This requires surgery, surgery that I can not afford.
After contacting a few lawyers I am being told that no one is taking on Mirena perforation cases any longer, Can my DR be held liable?
I am going to redirect this question to Product Liability (mass Tort/Product Liability) as this may be your best theory or avenue for recovery of damages. In all likelihood the Statue of Limitations (time to file) for a Medical Malpractice lawsuit has expired.
There are a number of Mass Tort or Product Liability lawsuits against companies manufacturing “MIRENA IUD” for producing, selling and distributing a defective and dangerous product without providing an adequate warning as to the risks posed by the drug or product.
Search AVVO and consult with a Mass Tort, Product Liability or Personal Injury attorney in your area. They may associate with a Regional or National law firm handling similar claims. By associating the firms can share research, discovery, experts and costs. Mass Tort and Product Liability cases are difficult and expensive cases to pursue. It requires an attorney who is well versed in this area of law and has the money to fund the litigation. The cases are usually prosecuted on a contingency basis (the attorney receives a percentage of any settlement). The attorney also advances litigation costs, which may be significant, and sometimes deducted from settlement proceeds.
A Plaintiff’s Mass Tort or Product Liability attorney may be required to invest thousands or hundreds of thousands of dollars of their own money to get a Product Liability or Mass Tort case to a jury trial, with no guaranteed outcome. Given the financial risk involved, Product Liability attorneys need to be selective in the cases they take on. Be prepared to share freely with your proposed attorney any documentation, medical records or information you may have regarding your case. They should be able to advise you early on as to the challenges and potential barriers you can anticipate as your case proceeds.
In a Mass Tort or Product Liability case, many of the witnesses needed to testify at trial are professionals: doctors, healthcare providers, product design experts, manufacturing engineers, or other expert witnesses. By the nature of their jobs, their time and opinions are expensive to obtain. A doctor testifying at deposition may charge the party taking the deposition up to $1,000 per hour, often more for trial testimony.
More information is needed and you should search AVVO and immediately consult with an experienced Mass Tort or Product Liability attorney in your area. There is no substitute for an in person consultation with an experienced Trial Attorney. They will know the lay of the land for this type of case.
If possible you should consult in person with a qualified AVVO Mass Tort or Product Liability attorney. This is not legal advice. You need to speak to an attorney who is licensed in your state for legal advice. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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