Who Can Be Held Liable for Injuries Caused by a Birth Control Implant?
Legally Reviewed and Edited by: Terry Cochran
While side-effects in Nexplanon birth control implants are rare, it is an invasive procedure, and sometimes things go haywire. As it is a medical malpractice suit it is best to call a lawyer specializing in medical malpractice cases as they are complex and expensive to litigate. A reputable malpractice lawyer at our law firm will work on a contingency basis, i.e. they only get paid if there is an award or settlement.
What is Nexplanon?
A birth control implant like Nexplanon is a birth control device that is implanted into your arm and can remain there for up to five years. It is a very thin, small rod that releases etonogestrel (a synthetic progestin) to prevent pregnancy. Progestin will slow down or stop the release of ova and thickens the mucus in your cervix to prevent sperm from reaching an ova. An older version was called Implanon. If you are ready to have a baby, you can have it removed, and the effects will wear off quickly.
The implant does not prevent STD’s or HIV but is 99% effective.
Who should not use a birth control implant?
Your doctor will ask questions before insertion, and if you are pregnant, have liver disease or a tumor, blood clots, progestin-sensitive cancers or unexplained vaginal bleeding or if you are allergic to any of the components you should not use it.
What are the known side-effects?
All medical devices, drugs, and invasive procedures have risks, but most are not that serious.
- If the device fails to implant you may fall pregnant.
- The implantation site may be painful for a few days or have bruising and swelling.
- Scar tissue may form around the implant and make removal difficult.
- Nerves and blood vessels could be damaged during implantation.
- Ectopic pregnancy is a slightly higher risk if you do fall pregnant.
- Increased risk of blood clots so it should not be used if you are prone to blood clots.
- Ovarian cysts may form but will normally resolve by itself.
- Risk of breast cancer is unknown; thus do not use if you have a risk of any progestin-sensitive cancers; the same applies to rare liver cancers.
- High blood pressure.
- Gallbladder problems.
- Migration of the device – it is radiopaque so easy to find on x-ray.
What is a Birth Control Implant Injury?
The most serious risks involve the device migrating through the body and the higher risk of blood clotting.
- Migration requiring surgery to remove.
- Infection or scarring and keloid formation at the implantation site.
- Severe weight gain.
- Heart attack due to clotting and higher blood pressure.
Who can be held liable?
If you have suffered an injury caused by a birth control implant device failure, you may have cause to file suit against several defendants, depending on the specifics of your case. Your personal injury lawyer can assist you with preparing a claim.
Nexplanon Manufacturer – could be held liable if the device was faulty; for example, the implant applicator did not function as it should have and caused injuries. As there is a one percent chance of falling pregnant, it would be difficult to prove the drug dosage to be faulty. Other serious side-effects could include heart attack or tumors requiring surgery.
The Medical facility – infection from the implantation procedure, if the site becomes infected immediately after the procedure, and it is a recognized HAI (hospital-acquired infection). However, you would have to prove that you treated the wound area as instructed and did not contribute to the infection.
The Doctor or nurse performing the implant – if proper medical safety procedures were lacking, or the medical professional failed to inform you of the potential side-effects or did not check for contra-indications before the implantation. If the device failed to implant and it was not checked, or if any post-surgery injury occurs due to the device having to be removed.
If you live in Michigan, and you have suffered injury after a birth control implant, call Eileen Kroll, a Registered Nurse, and Personal Injury trial attorney, at Cochran, Kroll & Associates, P.C., at 866-MICH-LAW for a no obligation case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.