Birth control is any substance, product, or device used to prevent conception and pregnancy. Birth control often refers to pills that a female ingests to regulate their reproductive hormones, for example, Yaz.
The term, however, is very broad and may also include other methods, for example:
- 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 patient’s ability to reproduce; and
- Drugs that change the body’s chemistry.
An individual’s choice of birth control method will depend on their needs, their physical health, and preferences. Certain methods are associated with different risks and side effects when compared with other options.
What Are Some Common Birth Control Injuries?
The types of injuries a patient may suffer due to birth control vary and typically depend on the type of treatment or contraception method involved. In general, common birth control injuries include:
- Side effects associated with changes in hormones;
- Infertility;
- Overstimulation of ovaries and other glands;
- Surgical injuries and errors;
- Congenital disabilities; and
- In some cases, wrongful death claims.
Some birth control injuries may also result from complications from interactions with other drugs or misuse of the birth control product. No matter the cause, these injuries can often be very serious and require medical attention and legal assistance.
What Are Some Legal Issues Associated with Birth Control Claims?
Numerous birth control claim cases involve:
- Faulty or defective products;
- Medical malpractice;
- Pharmaceutical errors;
- False advertising; and
- Other issues such as fraud or misrepresentation.
Legal issues that involve birth control may require a lawsuit to resolve. Possible remedies may include a damages award to the injured party.
Wrongful death claims have also been filed if the individual who used the birth control passed away.
What Is Yaz?
Yaz is a brand of birth control pill commonly prescribed to women. Yaz, or Yasmin, works by altering the individual’s hormone levels, such as estrogen.
This pill was originally marketed as a safe contraceptive option. Over the years, however, thousands of lawsuits have been filed concerning Yaz injuries and side effects.
The majority of these side effects and health concerns are connected with a synthetic hormone in the product called drospirenone.
What Are Some Common Side Effects and Injuries Associated with Yaz?
Side effects and injuries commonly associated with Yaz may include:
- High blood pressure;
- Cramps and stomach aches;
- Hair loss;
- Weight gain;
- PMS-related symptoms; and
- Headaches.
Most of these side effects are common to other pills for birth control and hormone regulation. Recent studies, however, have shown more serious side effects and conditions associated with Yaz, including:
- An increased amount of blood clots;
- Pulmonary embolism (PE); and
- Stroke deep vein thrombosis (DVT).
The majority of these serious effects are due to the Yaz products increasing blood potassium levels.
What if I Have Been Injured by Yaz or Yasmin Products?
An injury caused by Yaz may require a legal claim for the injured party to obtain reimbursement for their losses in the form of a damages award. These damages will help cover costs, including medical expenses and other medications.
Certain Yaz cases also involve medical malpractice if a doctor negligently prescribes Yaz to a patient when they should not have. Claims involving Yaz may also involve a faulty or defective product claim.
What are Some Common Contraceptive Lawsuit Claims?
There are numerous different types of serious injuries that a consumer may suffer after using contraceptives. For example, the individual may:
- Became infertile;
- Experience blood clots;
- Give birth to a child who has congenital disabilities; or
- Pass away.
Although contraceptives rarely cause a user to pass away, death is still possible. Other injuries associated with the use of contraceptives are often fairly serious.
Additional injuries that an individual may suffer from using contraceptives may include:
- Pains near or in the pelvic area;
- Formations of ovarian cysts;
- A need for a hysterectomy;
- Rips or tears in organs that are vital to the reproductive system;
- Life-threatening pregnancies or childbirths;
- Movement of the internal contraceptive to other parts of the body;
- Pelvic inflammatory disease;
- Swelling or ulcers in bodily organs;
- Stroke deep vein thrombosis;
- Mood swings, depression, and other mental or emotional side effects are caused by the hormones used in the specific contraceptive;
- Emotional or mental anguish associated with an unwanted pregnancy or childbirth; or
- Complications from multiple surgeries to remove or locate the IUD or another contraceptive implant.
Common claims related to contraceptives include product liability and medical malpractice, as noted above. A product liability lawsuit may be filed against the contraceptive manufacturer if there is a product defect, such as in the design, or if the warning label is missing or insufficient.
Manufacturers may also be held legally responsible for breaching a warranty related to the contraceptive, such as a claim that the contraceptive was safe or effective. A seller or manufacturer may also be held liable for fraudulent misrepresentation if they knowingly created or sold a contraceptive product that was neither safe nor effective for its users.
If the individual is successful, they may be able to recover monetary damages for their injuries. In addition, they can request that the court order the manufacturer to issue a recall for the defective contraceptive product.
Medical malpractice is another common claim that may be asserted in a contraceptive lawsuit. These claims may arise if an individual is injured due to the negligent conduct of a trained medical professional.
Medical malpractice lawsuits are typically filed in the following types of situations:
- When a medical professional improperly installs a contraceptive in a patient, such as an IUD or other birth control implant;
- If a medical professional gives inadequate or improper instructions concerning how to use a contraceptive;
- When a medical professional negligently prescribes a contraceptive that reacts poorly to a patient’s chemical makeup or other medications, they may be currently taking;
- If there are pharmaceutical errors that a medical professional should have noticed or should have known to look for when submitting a prescription; or
- When a patient begins suffering from serious side effects from a contraceptive and a medical professional fails to take them off the drug before it causes them severe harm.
What Are the Remedies in a Contraceptive Legal Claim?
There are several different types of remedies that a plaintiff may be able to recover for a legal claim for injuries caused by a contraceptive. The available legal remedies will typically depend on the following:
- The laws of a specific jurisdiction;
- The facts of a particular case; and
- The severity of the injuries that were sustained by the plaintiff after using the contraceptive product.
Common examples of legal remedies that an injured party may be able to collect from a contraceptive legal claim may include:
- A monetary damages award to cover any medical expenses that a plaintiff was forced to pay out of pocket to treat their injuries;
- Damages to compensate the injured party for their legal costs, for example, attorneys’ fees and administrative court costs, which the plaintiff would not have had to pay had they not suffered injuries due to using the contraceptive product at issue;
- An award for punitive damages in cases where an injured party can prove that a medical professional caused intentional harm or was grossly negligent when prescribing or inserting a contraceptive product;
- A full refund of the amount spent to pay for the contraceptives that caused the plaintiff to suffer harm; or
- A court order that requires the manufacturer to recall the contraceptive product or fixes the defect so that the contraceptive no longer causes harm to any of its users.
Do I Need a Lawyer for Help with Yaz Injuries or Legal Issues?
If you have suffered an injury from using Yaz, it may be best to consult a class action lawyer. Yaz-related injuries can be serious and even life-threatening.
Your lawyer can provide legal advice and assist you with filing your claim. These types of claims often require expert testimony to prove the injuries that occurred.
