Contraceptive Device Injuries

Contraceptive devices include permanent tubal implants like Essure, IUDs and implants placed in the arm. They are different products with different risks. Some people have had devices perforate the uterus, move into the abdomen or become hard to find and remove. A contraceptive device lawyer starts with the exact device and what doctors documented.

Contraceptive devices are not all alike

Several kinds of birth control are medical devices or are placed like one. They work in different ways, go in different places and carry different risks:

• Permanent tubal implants, such as Essure, placed in the fallopian tubes
• Intrauterine devices (IUDs), copper or hormonal, placed in the uterus
• Arm implants, such as Nexplanon, placed under the skin of the upper arm

A problem with one product doesn't apply to the others. This page covers permanent tubal implants and arm implants. IUD movement and breakage have their own page: IUD migration and fracture. Injectable birth control is a drug, covered on the Depo-Provera page.

Essure permanent birth control

Essure was a permanent birth control device. A provider placed flexible coils through the vagina and cervix into the fallopian tubes, without an incision. Over about three months, tissue grew around the coils and blocked the tubes. It contained no hormones1.

Bayer stopped selling Essure in the U.S. on Dec. 31, 2018, and unused units were to be returned by Dec. 31, 2019. The FDA has said women who have been using Essure successfully can continue to rely on it1. Bayer remains under an FDA-mandated study comparing complications in women with Essure and women who had tubal ligation2.

Essure risks the FDA describes

Longer-term risks reported in clinical trials include1:

• Pain in the abdomen, pelvis or back
• A tear or hole (perforation) in the uterus or fallopian tubes
• Unintended pregnancy
• Allergic or hypersensitivity reactions
• Coils moving into the abdominal or pelvic cavity

If a patient and provider decide to remove Essure, another surgery may be needed. Reports sent to the FDA also describe headache, fatigue, weight changes, hair loss and mood changes. Based on clinical studies, about 8% of women who had attempts at Essure placement could not rely on it for birth control1.

Essure at a glance

What it was

Permanent coils placed in the fallopian tubes.

U.S. sales ended

Dec. 31, 20181.

Main risks described

Pain, perforation, migration, unintended pregnancy, allergic reactions.

Removal

May require surgery.

Arm implants

Nexplanon is a small rod placed just under the skin of the inner upper arm that releases a hormone. Its label carries a boxed warning about complications from improper insertion and removal. If it is placed too deep, it can injure nerves or blood vessels, and deep or intravascular placement has been linked to the implant moving within the arm. The label also notes reports of implants found in blood vessels of the arm and in the pulmonary artery, which may have been related to deep insertion3.

A claim about an arm implant has to sort out what happened at insertion, whether the implant could be felt afterward, and what it took to find and remove it. Hormone side effects are a separate question from mechanical problems.

Who may have a contraceptive device claim

• Surgery to remove a device that moved, perforated an organ or couldn't be found
• A device found outside the place it was put, on imaging
• Nerve or blood vessel injury from an implant
• Pregnancy-related complications after a device failed, documented by a doctor
• A hysterectomy or other major surgery tied to the device

Contraception can fail with any method, and an unintended pregnancy alone doesn't show a device was defective. A review looks at the device, its placement records and what doctors found.

Who may be responsible

An investigation may look at the maker of the specific device and what its labeling and warnings said when the device was placed. Questions about how a provider placed or removed a device are reviewed separately under medical malpractice rules. If you were part of an earlier claim or signed a release, bring those papers to the review.

Filing deadlines for contraceptive device lawsuits

Deadlines depend on your state and on when you learned about the injury and its possible cause. Examples:

• Arizona: generally two years for personal injury and wrongful death4.
• California: two years for injury to or death of a person caused by another's wrongful act or neglect5.
• New York: three years for personal injury6, with a separate rule that runs from discovery for injuries caused by the latent effects of exposure to a substance in the body7.
• Texas: two years for personal injury and wrongful death8, and most product liability claims must be brought within 15 years of the product's sale9.

When the clock starts can depend on when a person knew, or should have known, about the injury and its possible cause. Rules for minors, wrongful death and claims against public hospitals can differ. A device that was part of an earlier settlement can raise its own questions. Ask a medical device attorney to check the rules for your state early, before records are lost.

Tell Us Your Story →

Records that help a contraceptive device review

Records worth gathering

Placement

• Device name and placement date
• Placement or insertion notes
• Any confirmation test, such as imaging

Problems

• Imaging showing where the device is
• Pregnancy-related care, if any
• Removal operative report and pathology

Paperwork

• Letters from the manufacturer
• Any earlier claim or settlement documents

What happens after you contact CBW Law

How a review works

1. Tell us what happened

   Share what you remember about the device, the problem and the treatment that followed. You do not need every record first.

2. We identify the device

   We work to confirm the maker, model and lot or serial number, and whether any recall or safety notice covers it.

3. We gather records

   With your permission, we request operative reports, imaging, device data and other records from your providers.

4. We explain what we see

   We tell you what the records show, what questions remain and what options may be open, including deadlines.

A market withdrawal or a hard removal is not, by itself, proof that a device was defective. What matters is what the records show.

Plain English

Medical, Health & Insurance

Terms you may see in a contraceptive device case.

Devices

Tubal implant

A device placed in the fallopian tubes to block them permanently1.

Subdermal implant

A device placed just under the skin.

Complications

Perforation

A tear or hole in the uterus or fallopian tube.

Migration

A device moving away from where it was placed.

Ectopic pregnancy

A pregnancy that grows outside the uterus, usually in a fallopian tube.

Procedures

Salpingectomy

Surgery to remove a fallopian tube.

Hysterectomy

Surgery to remove the uterus.

Questions

Contraceptive device lawsuit questions

Short answers to the questions people ask first.

Is Essure still sold?

No. Bayer stopped selling Essure in the U.S. on Dec. 31, 2018.

Should I have Essure removed?

The FDA has said women using Essure successfully can continue to rely on it. Removal is a medical decision for you and your doctor.

Do I need a contraceptive device lawyer if my device moved?

If a device moved and you needed surgery or were injured, a contraceptive device lawyer can review your records.

Is an unintended pregnancy enough for a claim?

Not by itself. Every birth control method has some failure rate. A review looks for a documented device problem.

What problems can an arm implant cause?

Its label warns that deep insertion can injure nerves or blood vessels and that implants have moved within the arm and, rarely, into blood vessels.

Is Depo-Provera covered here?

No. Depo-Provera is an injected drug. It has its own page.

Can I still bring an Essure claim?

It depends on your state, your dates and any earlier claim or release. A contraceptive device attorney has to check current options.

How long do I have to file a contraceptive device lawsuit?

It depends on your state and on when you learned of the injury and its possible cause.

What records matter most?

The device name, placement notes, imaging and any removal report.

What does it cost to contact CBW Law?

Telling us your story costs nothing, and contacting us does not create an attorney-client relationship.

Tell Us Your Story

If a contraceptive device moved, perforated an organ or required surgery, a contraceptive device attorney can review what happened.

Tell us what happened. CBW Law will review your information and explain what we see. Submitting information does not establish an attorney-client relationship or guarantee representation.

Tell Us Your Story →Call (800) 476-2416

This page is general information about contraceptive devices. It is not legal or medical advice and does not create an attorney-client relationship. A market withdrawal, a removal surgery or an unintended pregnancy does not, by itself, establish that a device was defective or that anyone is legally responsible. Never try to remove a device yourself. Laws and deadlines differ by state, and no outcome can be promised.