Birth control refers to any device, product, or substance used to prevent conception and pregnancy. The term “birth control” typically refers to pills ingested by the female partner that regulate hormones related to reproduction.
Nevertheless, the term is comprehensive and can include methods such as:
- Implants and other devices used to regulate hormones
- Injections such as Depo-Provera
- Devices that create physical barriers to conception, such as Essure and a Mirena IUD
- Surgeries that alter the body’s ability to reproduce
- Drugs that change the body’s chemistry
Birth control methods depend on the person’s needs, physical health, and preferences. Some methods are associated with different side effects and risks compared with others.
What Are Some Common Birth Control Injuries?
Birth control injuries can differ and often hinge on the kind of treatment or contraception method involved.
Generally speaking, some common birth control injuries include:
- Side effects associated with changes in hormones
- Infertility
- Overstimulation of ovaries and other glands
- Surgical injuries and mistakes
- Birth defects
- In some cases, wrongful death claims
Some birth control problems can also result from complications involving interactions with other drugs or misuse of the product. In any event, injuries can often be severe and may require medical care and legal attention.
What Is a Birth Control Injury?
Birth control is a substance, device, or product used to control conception and pregnancy. Birth control products generally aim to regulate a person’s reproductive hormones.
Certain birth control products have been linked with consumers’ miscellaneous health and injury risks. These can include injuries to the individual using birth control and potential injuries to the infant.
Some birth control injuries can include:
- Headaches and migraines
- Nausea
- Stomach or abdominal pain
- Harm to internal organs
- Reproductive damage
- Miscellaneous other injuries
Birth control injuries differ from the type of contraception or treatment method used to prevent pregnancy. Also, some of the injuries may be more long-term than others and might manifest or materialize differently depending on the individual.
What Are Some Legal Issues Associated With Birth Control Claims?
Many birth control claims involve:
- Faulty or defective products
- Medical malpractice
- Pharmaceutical mistakes
- Untrue advertising
- Other issues such as fraud or misrepresentation
Legal claims involving birth control may require a lawsuit. Remedies may include a damages award for the injured party. Wrongful death claims have also been associated with birth control products.
What Is an Example of a Birth Control Product Defect?
Many birth control injuries may be related to product defects. For example, Qualitest Pharmaceuticals recalled its packages of birth control pills because of an alleged defect.
The defect was a mistake in the packaging. The placebo pills were supposed to be taken during menstruation, but they were placed in the package during the wrong week.
Roughly 113 women became pregnant while taking the Qualitest birth control pills. The women in a class-action lawsuit alleged that the pregnancies were unwanted. The women in the class-action lawsuit desired compensatory damages related to the birth control injury.
What Type of Damages May Be Pursued in a Birth Control Injury Lawsuit?
Some birth control injury lawsuits seek millions of dollars in damages relating to miscellaneous losses experienced by the injured party.
Depending on the facts of the case, as well as state regulations, injury damages can address:
- Medical costs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Child-rearing costs for the kids until the age of 18 years old
In these kinds of personal injury cases, a medical expert may occasionally be needed to document and estimate the total costs of any medical damages.
State regulations can sometimes place caps or limitations on the number of compensatory damages recovered in a birth control injury lawsuit. In cases where many individuals were injured by the same type of birth control product, further recalls may be issued, and other class action lawsuits may follow.
What Is Product Liability? What Is a Defective Product?
Product liability refers to a manufacturer, retailer, or seller of a product being held responsible for allowing a defective product to reach the consumer, regardless of the consumer’s negligence—regulations regarding product liability resolve who is responsible for defective or dangerous products.
An illustration of this would be a product manufacturer being held accountable for putting a defective product into the stream of commerce. Nevertheless, all parties involved in the distribution chain may be found guilty of product liability.
State laws regarding product liability claims tend to differ. There is a set of commercial statutes in each state modeled after the Uniform Commercial Code, containing warranty rules that affect product liability.
A defective product can be defined as any unreasonably dangerous product used for its intended purpose without any alterations or interference. To be more specific, a defective product is a product that causes injury to a person due to either a design flaw, a manufacturing defect, or a marketing flaw.
To prove product liability, a plaintiff needs to demonstrate the following:
- The product was defective upon being manufactured;
- The product’s manufacturer, seller, or distributor intended for the product to reach the plaintiff without any changes being made throughout the process; and
- The plaintiff or their property was injured in some way by the product.
What Are Compensatory Damages in a Personal Injury Claim?
Personal injury claims are legal actions where a person has suffered physical, mental, or emotional injuries or property damages. These losses generally spring from some accident. If the injured party files a claim or lawsuit, they will generally be requesting some form of financial compensation from the party responsible for causing the accident.
These are also known as compensatory damages, as they compensate the receiver for the injuries they suffered.
When Are You Awarded Compensatory Damages?
As stated above, compensatory damages are typically awarded to restore the injured individual or party (the “plaintiff”) to their position before the harm or loss occurred. Therefore, compensatory damages are awarded in cases where damages, injury, or loss have occurred.
Generally speaking, there are two main types of compensatory damage awards:
Special damages are intended to restore the injured party to their position before the harm or injury occurred. This generally includes damages that can be calculated, such as medical expenses, property damage, loss of wages or earnings, and other quantifiable losses.
General damages may be awarded for losses not easily determined through monetary calculations. These can include losses connected with emotional distress, defamation, or loss of consortium or companionship.
State laws may differ concerning compensatory damages. Some states may place limits on compensatory damages, especially general damages.
What Do I Need to Prove to Get Compensatory Damages?
To receive compensatory damages, the plaintiff must demonstrate several aspects of their claim. In most cases, they will be required to establish that a loss has occurred and was caused by the other party (the defendant). They must demonstrate that the defendant’s conduct caused the loss or injury.
In most cases, the loss will usually be caused by some negligence on the defendant’s part.
To prove your claim, you will want to maintain and collect various forms of evidence that can be used in court to support your case. These may include:
- Statements from witnesses;
- Photos or video connected with the accident or incident;
- Various documents, such as medical bills;
- Physical evidence
- Any item or evidence that can help the court to calculate your damages.
Should I Talk to a Lawyer If I Had a Birth Control Injury?
Birth control injuries can be excruciating and may result in long-term medical conditions or other types of damage. You may need to speak with a birth injury lawyer if you have suffered a birth control-related injury. Your attorney can explain more about your rights and legal options and provide answers to your inquiries.
