Can You Sue the Company That Makes Mirena for Fertility Loss?
Mirena is an intrauterine device (IUD) that prevents pregnancy for up to five years by releasing hormones into the body that helps destroy sperm and/or prevents them from entering the uterus. While this conceptive is very effective, some users have experienced difficulty getting or remain pregnant after the device has been removed and wonder if the IUD is the cause. Here's more information about this issue and the challenges involved with recovering compensation for damages and losses.
An IUD Can Cause Infertility
Although an IUD is safe for the most part, it is still a medical device that can cause complications and side effects. One complication that may lead to infertility is an ectopic pregnancy. Mirena is designed to prevent sperm from breaking through into the uterus to fertilize the egg. However, this IUD is 99 percent effective, which means there's still a 1 percent chance the device will fail to do its job.
A sperm that manages to bypass the IUD and fertilize an egg in the fallopian tube (rather than the uterus) would result in an ectopic pregnancy. Treating this issue can result in permanent damage to the fallopian tube, which can significantly reduce your chances of conceiving, since only eggs flowing through the non-damaged fallopian tube will make it to the uterus.
Another complication that can occur which may cause infertility is the IUD can become dislodged and embed itself into the uterine wall, requiring surgery to remove. Depending on the circumstances, the device may damage the uterus or the surgery to remove it may result in scar tissue that makes it difficult for an embryo to implant. In rare cases, the damage caused by the IUD has been so extensive, a hysterectomy was required to fix the health issue.
A third complication associated with IUDs is a heightened risk of infectious agents invading the uterus and making their way to the fallopian tubes and ovaries. Infections that develop in the reproductive system must be treated right away; otherwise, the disease may damage the tissues and cause scarring that may result in blocked fallopian tubes that don't let the eggs pass or increases the risk of ectopic pregnancies.
All of these issues can make it exceedingly difficult to become pregnant and/or carry the child to term. Whether the company that makes Mirena can be held liable for these issues depends on a number of factors.
Challenges Associated with Suing for Fertility Loss
There are many challenges associated with suing for loss of fertility, and the first one you're likely to encounter is proving the IUD was the cause of your condition. Infertility can be caused by any number of things and can occur at any point in a person's life. You may be required to first prove you were capable of getting pregnant (which may be easy to do if you've given birth before) and that the IUD directly contributed to the issue causing your inability to conceive or carry to term. This will be easier in some situations than others.
Ectopic pregnancies can occur even when a person is not using birth control, for instance, so it may be difficult to blame the IUD for that, especially since the company clearly represents the product can fail. On the other hand, it may be easier to pin the problem on the manufacturer if the product became lodged into the uterine wall because of a defect in its design or production.
Another issue you may run into is proving you weren't adequately warned about the possible side effects or complications associated with using Mirena. If the company is very clear about issues patients may experience using the product, you may have a hard time suing it for damages. However, you may have a case against your healthcare provider if he or she failed to notify you of the risks associated with using the IUD.
There are other challenges involved with this type of case. Talk to a personal injury attorney who can provide advice on how best to proceed so you can get the compensation you're entitled to. Legal firms like Spesia & Ayers Attorneys At Law can help.
