The IUD, or intrauterine device, is a birth control method used by many women. Although IUDs can be effective alternatives to the pill, IUDs can cause serious complications. Uterine perforation occurs in approximately 1 of every 1,000 insertions. If you have experienced this, or a similar IUD complication, you may be able to file a products liability lawsuit against the manufacturer or seller of the IUD.
Types of Product Defect
There are three categories of product defect lawsuits: Design Defect, Manufacturing Defect, and Marketing Defect.
- A Design Defect occurs when the inherent design of the product is unsafe or flawed in some way—before it is manufactured. For an IUD case, you would need to prove that the design of the IUD is what caused your complication. You would have a stronger case if you could also prove that other people were injured by the same design. This type of case would best be pursued as a mass tort or class action.
- Manufacturing Defect cases are applicable where the individual product was not manufactured properly, and this caused some sort of injury. Under this theory, you would need to prove that your specific IUD differs from the rest of the product line. You would also need to prove that the device was defective when it left the hands of the manufacturer or seller. In these types of cases, it is very important to keep the specific device so it can be examined by an expert.
- Lastly, Marketing Defects occur when the manufacturer of a product did not adequately warnconsumers of the product’s dangers or side effects. In a failure to warn case, you would need to prove that if you had known of the IUD’s dangers, you would not have chosen it as your method of birth control. These cases can be slightly tricky, since manufacturers only have to warn doctors of medical side effects, and it is your doctor’s duty to pass this information on to you.
Medical device product liability cases are fairly complicated, so it is important to have an experienced attorney with your best interests at heart. At Kershaw Talley Barlow, our attorneys have extensive experience litigating and settling cases on behalf of individuals injured by defective medical devices. We take lead roles in many medical injury lawsuits involving thousands of claimants against some of the largest corporations in the country