Nexplanon is a brand-name prescription for birth control. It is a small plastic matchstick implant that is usually inserted right under the skin of the arm.
Nexplanon is prescribed to help prevent pregnancy, as with any other form of birth control. You may have many questions related to Nexplanon, such as:
- Who is responsible for improper Nexplanon insertion?
- Can you sue for nerve damage caused by Nexplanon?
The procedure of inserting Nexplanon must be carried out by a physician or an experienced nurse in a doctor’s office. The process of inserting and removing the Nexplanon poses some risks for the patients.
The insertion by a doctor or nurse is crucial because the rod must be inserted properly to avoid pregnancy and to prevent nerve damage, which can happen in some cases. Improper insertion can result in pregnancy and other serious complications.
The implant has to be removed after three years. However, it can be removed at any time once a woman decides she wants to become pregnant.
Removal must also be conducted by a licensed clinician. An injury can occur if either the insertion or the removal of the rod is not performed correctly.
Other injuries from Nexplanon can occur due to certain side effects, some of which are more common than others. Some side effects are more serious than others and can become life-threatening.
Below is a list of some of those serious side effects and the symptoms that couple them:
- Migration of the device that will require surgery to remove
- Ectopic pregnancy, if you discover you are pregnant while using Nexplanon
- Heart attack caused by blood clots
- Infection in the area of the implantation
- Increased blood pressure, the symptoms of which include:
- chest pain
- changes in vision
- headache
- fatigue
- Liver problems, the symptoms of which may include:
- abdominal pain
- jaundice
- nausea and vomiting
- Metabolic changes that consist of high blood sugar or high cholesterol levels.
- Some of the symptoms may include:
- feeling thirstier than usual
- urinating more often than usual
- fatigue
- Depression, some of the symptoms of which can include:
- losing interest in activities or hobbies
- appetite or weight changes
- sleep issues
- anxiety issues
- Severe allergic reaction
One of the most serious risks involved with a Nexplanon insertion is the device migrating through the body and causing a higher risk of blood clotting. Additional surgery procedures will be required to remove the implant, as stated earlier. Improper implantation can also lead to nerve damage for the woman.
As a patient, you will have standing to sue if the nerve damage occurs due to Nexplanon. You can file a Nexplanon nerve damage lawsuit to recover the damages incurred during the procedure.
Who Can Be Held Liable for Injuries Caused by Nexplanon?
Several parties can be held liable for injuries caused by Nexplanon. Before initiating a Nexplanon class action or any lawsuit, you must identify the parties to hold accountable for the injuries you suffered.
The following examples of parties can be found as liable parties to a Nexplanon lawsuit case:
- The manufacturer
- The medical facility
- The doctor or nurse who conducted the procedure
Nexplanon manufacturer
The Nexplanon manufacturers can be held liable if the device is faulty under the product liability theory and laws. For instance, the implant applicator did not function as it should have and caused injuries.
This is rarer to prove due to the drug dosage being faulty. Other serious side effects could include heart attack or tumors requiring surgery.
The medical facility
Next, another party to the lawsuit case can be the medical facility. This can be the case in case an injury occurs due to an infection from the implantation procedure or if the site becomes infected immediately after the procedure. However, you would need to prove that you treated the wound area as instructed and you did not contribute to the infection.
The doctor or nurse who conducted the procedure
Another major contributor to the lawsuit could be the doctor or the nurse who conducted the procedure by inserting the implant. If there are no adequate medical safety procedures and the medical professionals fail to inform you of the potential side effects, you will have a standing to sue. Additionally, if the device failed to implant and it was not checked thoroughly or if there is any emergency surgery due to the device having to be removed, the party who performed the procedure may be liable.
Each Nexplanon case varies in different situations and this impacts the size of any Nexplanon settlement. The size of any settlement in personal injury cases such as Nexplanon cases depends on the losses suffered by the plaintiff. For instance, if someone develops blood clots which causes a heart attack later then it can be attributed to the injury caused by Nexplanon. The financial losses and burden resulting from the massive amount of medical expenses can be compensated for in a lawsuit. Any monetary payments compensated for losses in personal injury cases are referred to as damages.
The following damages can be compensated for in a Nexplanon class action lawsuit:
- Emotional distress
- Medical bills
- Pain and suffering
- Inability to earn income
- Lost wages
Any Nexplanon settlement will depend on the amount of medical bills a plaintiff incurs due to the injury suffered by Nexaplanon. Besides the medical bills, any missed work can contribute to the harm caused by the injury. Furthermore, any emotional distress caused by the injuries can also be compensated.
What Steps Should I Take if I Have Suffered Injuries Due to Nexplanon?
There are actionable steps an individual can take to start building a case if they believe they have been injured because of Nexplanon. The most important thing that a patient can do is to document their issues and injuries, which may include keeping up with:
- Medical records
- Doctor statements
- Logs of symptoms
- Times and dates issues arose or occurred
- Photos or videos of issues or injuries
It is important to be aware that keeping records of injuries or issues does not have to be a complex or detailed undertaking. It can be as simple as writing down the date, time, and what happened in a notebook.
An individual should also consult with an attorney who handles product liability claims as soon as they can because there may be a time limit for filing their case. An attorney can use the individual’s medical records along with their documentation of their injuries or symptoms to build their case.
If a product liability lawyer reviews the information provided and determines that they have a viable claim, the lawyer will file a formal complaint on their behalf.
Are There Any Legal Remedies for Nexplanon Injury Claims?
These lawsuits exist at the intersection of personal injury and product liability law. Patients complain that Nexplanon causes various health issues, from severe pain and bleeding to nerve damage and device migration. They allege that the manufacturer failed to adequately warn about potential risks, which resulted in negligence and product liability claims.
Lawyers for Nexplanon lawsuits have to navigate through both legal and medical issues to build their cases. They have to accurately gather and analyze medical evidence, demonstrate causation, and show the failure to adhere to the standard of care or the presence of product defects.
These lawsuits shed light on the ongoing litigation involved with the high risks of using birth control. The purpose is to develop a better regulatory system for women to feel safe when using any contraceptive method.
In order to build a case, there needs to be a review of the medical records. These records provide an insight into the care that a woman must receive. Manufacturers should take into account both the women’s health and the long-term safety of the women’s health for using that type of birth control.
A client may have a variety of claims against the manufacturer, including:
- Failure to warn
- Negligence
- Product liability
Failure to warn
The other legal remedy for a patient who suffered an injury can be arguing that the manufacturer failed to provide sufficient warnings about the potential risks and side effects of Nexplanon. Meaning that the women were not adequately informed about the potential harms before deciding to use the implant.
Negligence
Furthermore, the patient can also allege that the manufacturer was negligent in designing, manufacturing, and marketing Nexplanon. Essentially, claiming that the company failed to conduct proper testing of the device.
Product liability
Lastly, others argue that Nexplanon is a defective product and that the manufacturer must be held accountable for injuries and damages resulting from its usage. Plaintiffs claim that the implant has inherent design flaws that make it unreasonably dangerous. There is a claim for product liability.
Do I Need a Lawyer?
Nexplanon injuries are serious and can have a long-term impact on your health. If you have ever used Nexplanon and have suffered any of the above-stated injuries, seek immediate legal assistance now.
There are legal remedies available for which you can be compensated. You can contact your local class action lawyer to discuss your case and learn more.
If you think you may have been injured by Nexplanon, you can use LegalMatch’s lawyer matching service to find a lawyer in your area who can give you advice and guidance. All you need to do is submit your question or concern on the LegalMatch website, which usually will only take you around 15 minutes.
In about 24 hours, attorneys in your area will send you messages with information on their practices and how they can help you. Because cases involving medications and medical issues can be difficult to prove, especially against large companies, having an attorney likely gives you the best chance at compensation for your injuries.
