Mirena is one intrauterine device (IUD) that has been mired in considerable controversy. Some users of the IUD have complained of injuries caused by different things. If you have suffered an injury as a result of using Mirena IUD, here are some of the legal grounds on which you can base your claims:
Most IUD insertion processes proceed without hiccups, but an improper insertion is still possible. In such a case, you may experience bruising or rupture of your uterine wall or cervix, pelvic inflammatory diseases, bleeding, and infections. Of course, none of these things automatically mean that your Mirena was improperly inserted. However, you have a valid medical malpractice claim if an investigation reveals that the medical professional responsible for the insertion was negligent, and their negligence caused your injuries.
Mirena, just like many other health products, is not a perfect device. Unfortunately, the manufacturer of Mirena has been accused of being overzealous in overstating the benefits of this birth control system and downplaying its potential limitations or complications. This is a classic case of improper marketing; any product that is properly marketed should contain the directions for use, benefits, and limitations as clearly as possible.
However, you only have a valid claim against the manufacturer or other distributors if you can prove that the improper marketing led to your injuries. For example, you may have a valid claim if you can prove that no one told you about the risk of abnormal pregnancy after getting Mirena, and you have experienced such a complication.
Defective Design and Manufacturing
Any product that is defectively designed or manufactured can cause injury, and if it does, the victims can claim injury damages from the manufacturers. This is one of the most difficult to prove Mirena lawsuits, so you need to get your cards right before launching such a lawsuit. Basically, a design defect is one that stems from an intentional blueprint of the product; that is, it is what the designers intended even though they didn't mean to cause injuries. A manufacturing defect, on the other hand, is an unplanned defect that originates during the production process.
Failure to Discuss Potential Risks
It is not just the manufacturers, distributors or marketers of Mirena who are required to discuss the potential risks of the IUD; even the medical personnel who insert the IUD are required to do the same thing. Therefore, you have a valid claim against your doctor if they failed to discuss with you these risks, and you end up getting injured because you made an uninformed decision to get the IUD.
Most forms of Mirena injury victims have met some complications when pursuing these claims. The nature of your claim will determine the relative ease of winning your case. Even though no case is exactly easy (there is no such thing as a sure win with these things), something like defective design and manufacturing may be more complicated than, say, an improper insertion claim. Consult a personal injury lawyer, like one from The Gil Law Firm, to evaluate your case and advise you on the way forward.