As Charleston residents are well aware, there are a variety of product recalls by manufacturers. However, there can also be problems with medical devices that have been placed inside the body. A woman from another state believes she received a defective medical device a few years ago.
Reportedly, the woman has filed a products liability lawsuit against Bayer Healthcare Pharmaceuticals for a defective medical device. She claims that she conceived while using Mirena birth control, which is an implanted device that is supposed to keep one from conceiving without the need of taking a pill each day. She claims that this occurred due to the fact that the device migrated from where it was initially planted inside her body.
The 33-year-old woman had the intrauterine device implanted sometime in the spring roughly three years ago. She went for a follow-up visit in June and the device was said to be in the proper location. However, during another visit one month later, the woman found out that she was pregnant. A few days after that, she had an ultrasound and the Mirena device was unable to be located. She had a second ultrasound that located the Mirena device.
In 2013, she gave birth and the device was removed. She has stated various violations in her lawsuit that she believes Bayer committed, including failure to warn, negligent and fraudulent misrepresentation and defective manufacturing. She is seeking punitive and compensatory damages, along with litigation costs and various other court relief measures.
Product manufacturers have a duty to provide safe and effective products to consumers. Charleston residents who have been injured due to a defective medical device might do well to seek out all available legal options. In many cases, an effective and successful claim can award both punitive and compensatory damages while ensuring that the responsible party is held liable for their negligent actions.
Source: Pennsylvania Record, Bayer sued by Pa. woman who became pregnant after Mirena IUD migrated throughout body, Jon Campisi, Feb. 12, 2014