33 answers

Can You Sue Paraguard IUD Makers If You Get Pregnant While Using the IUD ?

I was wondering if you could sue Paraguard IUD makers if you get pregnant while using it?

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So What Happened?™

This really irritates me that every time you ask a question on this site anymore you get criticized. This is a site for moms to seek advice and get information, not to get hit every time they ask a question.
If I'm asking a question, I'm looking for an answer not for some smart ass to criticize me or others. I think some people just come here for that reason only.

I had the IUD put in beginning of September and just found out I am pregnant. I already have 3 kid and was not expecting this. Yes the IUD was still in place. Yes I see it as a blessing and maybe meant to be, I love my kids more then anything, but it's just a little overwhelming at this point.....

Featured Answers

This is the second post in two days about suing if birth control fails! Didn't anyone have sex education? Sex = potential pregnancy. Period. Even vascetomies aren't always 100%.

10 moms found this helpful

Technically...yes. You can sue anyone, for anything. It would cost you a lot of money and you wouldn't win. No birth control, is 100% effective and it says that right on the prescription. They have much better lawyers then you could ever get and you will be throwing money, at a lawsuit you could never win.
I'm not saying this to be rude. Just trying to save you from loosing money!

1 mom found this helpful

No birth control is 100% effective except abstinence. Getting pregnant while using any form of birth control is not grounds for law suit. If using the product caused non-disclosed harm then you would possibly.

More Answers

Where does this mindset even come from....is it because we live in such a 'sue happy' society? Is that what you would want to do with your precious time is sue a company manufacturing birth control over getting pregnant?

And are you pregnant now while using the IUD? If so, I'd look at it as a miracle, not a lawsuit.

13 moms found this helpful

Haha, I'm sure not. I believe ALL birth control has the small print stating they are not responsible for creation.... That would by OUR responsibility wouldnt it? If you arent ready for kids "dont screw cuz you cant sue".

12 moms found this helpful

Ah no and why would you even think such a thing. It is the most effective if inserted properly. Do you check every month after your period to make sure it is still properly in place?
Really appreciate the miracle.
Or maybe develop the concept of personal responisbility

added after what happened ah now i do feel compelled to get a little testy in my answer. Didn't your mother teach you ask a stupid question get a testy response?

12 moms found this helpful

This is the second post in two days about suing if birth control fails! Didn't anyone have sex education? Sex = potential pregnancy. Period. Even vascetomies aren't always 100%.

10 moms found this helpful

Can you sue the manufactorer if the condom breaks? Nope. Why in the world? When are people going to take responsability for their own actions.....if you have sex then you CAN get pregnant. Yes, there are things out there to "prevent" it but its not 100% ...abstinence is the only 100% method. I'm sorry if I sound harsh but it absolutely irritates me to hear people suing over such stupid things when in actuality its their own responsability not the company or anyone else's. If you suffered because of something the company's product did and they could have prevented it or something then suing them I can understand.........

10 moms found this helpful

NO -this is the 2nd question on here this week about people wanting to sue because their birth control method didn't work. It sucks, I guess, but NO birth control is 100% and that is clearly defined and explained in the information you are given with it. Even tubals and vasectomies have some failures. The ONLY way to absolutely, positively not get pregnant is to completely abstain from sex or have a hysterectomy.

9 moms found this helpful

No.
It does not claim to be 100% effective.
99.4%, to be exact, with "perfect usage". Believe me, during a pregnancy scare earlier this year, I examined those stats very closely. Not because I wanted to sue, but because I needed to know probabilities.

I don't know where people get off feeling like they can sue for everything these days. Nothing is guaranteed.

9 moms found this helpful

I am quite positive Paraguard does not advertise to be 100% effective, and I'm sure you were provided with information stating as such. So no.

8 moms found this helpful

Nope.....It does not advertise that it is 100% effective...99.9% if used properly...wonderul little disclaimer to protect themselves. Not only that you have to sign a waiver in the doc's office for the procedure and it spells it out that they are not responsible.....

7 moms found this helpful

You've gotten plenty of responses, I just wanted to say that I just looked at your profile and your kids are really cute. :)

6 moms found this helpful

of course you can. you can file pretty much any lawsuit for any reason. will you win? VERY doubtful. they'll prob say it's your OB that didn't implant it properly, or you didn't wait the right amount of time, or... etc. you get the idea. nothing is 100%, and that's even reflected in the patient information you are given. don't think you'll have ANY luck suing the manufacturer, unless you can prove it was defective. now, if it really was put in improperly, you could prob have a go at your OB. but again, think long and hard about your actions before proceeding. if you are keeping this child, would you ever want him/her to know how much you didn't want him/her?

6 moms found this helpful

Like the other poster said, you can sue...but it's highly doubtful you would win, the case would probably get thrown out before you even got to court.

The only 2 ways to avoid getting pregnant, are not to have sex or having a hysterectomy.

6 moms found this helpful

I doubt it since we know nothing besides not having sex is 100%.

6 moms found this helpful

You would be laughed out of court. But I doubt you'd even make it to court because I don't think there is a lawyer on the planet that would take your case.

6 moms found this helpful

You can try, but if you lose, you could be held responsible for Paraguard's legal fees as well as your own. In addition, if the judge decided it was a "frivolous lawsuit," he or she could tack on an extra fine for wasting the court's time. Because it's right there in the small print that there is a small risk of pregnancy, and you would have to prove that their product as a whole is defective, I wouldn't risk it.

5 moms found this helpful

No because they don't claim it to be 100 percent

5 moms found this helpful

You can but I doubt you'd win.

Although I read recently someone sued a tobacco company because they developed larynx cancer after 25 years of smoking and won. Obviously they knew the risks.

Lol, the things people sue for make me laugh.

2 moms found this helpful

No because it tells you that it's not 100%

2 moms found this helpful

No, all birth control comes with the warning that it is not 100% effective for everyone and has a small fail rate. They put those warnings on specifically so people who are of the small percentage that do get pregnant can not sue. The only method of birth control that is 100% is not having sex. Maybe you could talk to your husband about a vasectomy?

2 moms found this helpful

Let the nasty comments slide off your back. They obviously are angry and jaded.

I am sure like most said that there is a disclaimer. That being said you can sue whom ever you want. Sure the likely hood of winning may be low. but so would suing the tobacco company someone mentioned I would think and we all know how many of those are won and/or settled out of court. Just like the McDonald's coffee suit or many more high profile ones like it.

Some are frivilous, some people BELIEVE they have a real harm and claim. Who are we to discount their feelings or yours?!?!?! We are supposed to be here to support each other not tear each other apart. What would be wrong with simply answering "no, there is a disclaimer" if you disagree.

Sorry, I hope you find peace with whatever has happened and let the judgements roll off your back.

1 mom found this helpful

I'm pretty sure there's a disclaimer on it saying it's not 100% effective, they do that so they wont get sued.

1 mom found this helpful

NO just because it is a form of Birth Contol it's not 100% effect in any way.The only sure fire way not to become pregnant is of course we should all know is Abstinence & or Hysterectomy (usually for woman who really needs this procedure)
Do you think you have a claim?If so call an attorney
Added:Looked back into your questions you asked about others experiences becasue you were thinking about getting one so when did you get this?How many months have you had it before becoming pregnant & are you sure you weren't pregnant before the device was put in (if this was recent).

1 mom found this helpful

Technically...yes. You can sue anyone, for anything. It would cost you a lot of money and you wouldn't win. No birth control, is 100% effective and it says that right on the prescription. They have much better lawyers then you could ever get and you will be throwing money, at a lawsuit you could never win.
I'm not saying this to be rude. Just trying to save you from loosing money!

1 mom found this helpful

I think that since IUD's and all other birth control forms aren't 100%, they have to put the disclaimer that you could be in that 1% or under and get pregnant. I don't think you can sue them unless the IUD breaks or is somehow faulty-besides the pregnancy issue.

Best wishes with this whatever way you decide.

Please note. Just saw your added comments-- I try to be neutral and give facts unless my opinion is asked. Most people that I know on the site do too--but you will always have someone that gets offended etc. with a question like this. Good luck to you!

M

1 mom found this helpful

I don't think people were criticizing you. Unfortunately there are no 100% gurarantees on birth control. As far as suing.... that is a fantasy. You are overwhelmed I'm sure. Your hubby must have some really strong swimmers :)
Get your tubes tied after this one or have hub get the snip snip.
You'll be okay after it sinks in :)

I can understand your question, I too got pregnant with my 4th child while on the Paragaurd. My issue is not only an unexpected pregnancy but when the doctor went to remove it, it broke leaving me with a 50% chance of carring full term. So yes I can understand your question because I have had the same thoughts. Hang in there and don't let the other opinions keep you from asking your questions. That's what these sites are for, right? Right~!

I wish people word stop being rude and responding to this question so ignorantly. She is asking a vaild question. My doctor told me i can because I am pregnant again BY MY HUSBAND and i was on the paragard. It was in place & did not shift. This is my second time being pregnant to the IUD. This time I am trying to sue. I would say to consult a lawyer and weigh your options. Only you will know what you can afford to do and if it is worth it.

It is unlikely that you would succeed in suing the makers of the IUD. It IS, however possible to sue your Dr. If it was inserted improperly- ie, inserting too soon after birth so the uterus has not stopped tilting, or wrong location. Did your Dr. have you come back in to check with an ultrasound to make sure there hadnt been shifting in your uterus?Also check your medical records to get the id # from your unit- each has a unique code- some Drs were trying to save on money and ordering units from Canada and other places that had not been cleared by the FDA.
You're absolutely right to seek justice. Babies are expensive not to mention
a lifetime of responsibility. And if the pro secure was performed improperly then you're entitled.
And to the bloggers giving you grief- ignore them. They don't know what it's like- I have 4 little blessings ages 4,3,20 months (my mirena baby) and 3 months. I am grateful and love all of them with all my heart. But my Dr cut corners and it was overwhelming for my family.
Fortunately my husband is an amazing attorney. So check into case law in your state. Hope this helped :)

I just found out apparently, which is not disclosed up front, is that the first 3 months of use you are more likely to become pregnant while using Paraguard because your body is adjusting to the device. What we are told is that it is effective from the time it is inserted but to have a follow up visit to insure the device is still in it's proper location.

No birth control is 100% effective except abstinence. Getting pregnant while using any form of birth control is not grounds for law suit. If using the product caused non-disclosed harm then you would possibly.

I ve gotten pregnant by Paraguard IUD and I have searched online and found there are a LOT of women got pregnant with IUD in them. Some woman doubted that the claimed 99.4% effective rate by Paragard is true. If the failure rate is much higher than 0.6% then there is a chance to sue the company for providing false advertisement/data to mislead woman to use their product. I think it's chance to sue them. If you want, talk to a lawyer and see if there is any way to find out the actual failure rate or get a lot of woman who is pregnant by Paraguard to sign up to do a class lawsuit.

Hi, I had a copper IUD and my doctor never reccommended a follow up visit and got my period the 1st month, then after that I it came again only lighter. I felt for it and it was still there...a week later after still spotting I felt again and felt more than just the strings. So I took a pregnancy test and it was positive. Needless to say I was shocked, I got pregnant, the IUD didn't fall out and now I had to rush to the hospital to see if it was ectopic. I would recommend that anyone who has this done, use back up birth control for a few months and then have a follow up exam to make sure it hasn't moved.

stop giving people grief for thinking about suing...we are shocked and upset that we managed to be in this .4% of the population that it didn't work for. It takes a second to recover and accept that. Especially when I now ask my doctors they make it sound like it "occasionally happens" which sounds like more than .4%

i was wondering the same thing this is twice now for me makling this my 5th baby i am due in a week:( Can i sue the makers of the copper iud? I got pregnant in 2001 on the copper iud and now pregnant on the same kind of iud............. How? Can i really be .1% twice?

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