Nadrich & Cohen Accident Injury Lawyers is no longer actively retaining Nexplanon victims.
Nexplanon is an etonogestrel-based birth control implant that is placed in the arm under the skin. The implant is advertised as being over 99% effective and being just as effective as the pill without the inconvenience of taking a pill every day.
Nexplanon is the successor to Implanon. It works in the same way, but it uses an updated applicator to reduce implantation errors and is easier to find if it migrates inside the body.
However, while the implant is over 99% effective, it is not 100% effective, meaning that, uncommonly, some women may become pregnant while on Nexplanon.
If you have become pregnant while on Nexplanon, you may be wondering if you can sue over your pregnancy. This article will go into detail about whether you can sue if you get pregnant while on Nexplanon.
Yes, you can sue in California if you get pregnant while on Nexplanon, but you’re unlikely to win such a lawsuit.
California treats wrongful pregnancy cases as ordinary tort cases, meaning that if a plaintiff suffers financial damages such as medical bills because a defective product or somebody else’s negligence caused a wrongful pregnancy, the negligent party or the manufacturer of the defective product is financially liable for the damages suffered.
In Stills v. Gratton, 127 Cal. Rptr. 652, 659 (Cal. Ct. App. 1976), plaintiff Hannah Stills filed a medical malpractice lawsuit after a failed abortion procedure led to her giving birth. The court rules that the plaintiff “should be permitted to recover all the damages to which she is entitled under ordinary tort principles.”
However, while California law allows for damages for wrongful pregnancy to be recovered in wrongful pregnancy lawsuits, it is unlikely that such lawsuits will be successful with regard to getting pregnant while on Nexplanon.
According to Nexplanon’s label, six out of 923 subjects in a Nexplanon clinical trial became pregnant.
Those who suffer damages can successfully sue the manufacturers of products in California if those products were defective, or if negligence related to the products caused the damages. However, while six out of 923 is a low number, it is still high enough. It would be very difficult to prove that pregnancy was due to a Nexplanon defect or due to negligence, since six out of 923 subjects who were given non-defective implants in a clinical trial, in the absence of negligence, still became pregnant.
While you may find it challenging to bring a successful lawsuit against Nexplanon for becoming pregnant while using it, Nexplanon is no stranger to lawsuits. Currently, lawsuits are being filed against Merck, the manufacturer of Nexplanon, alleging the implant causes blood clots that have had potentially fatal consequences.
You can get pregnant while on Nexplanon, but it is unlikely. Six out of 923 subjects in a Nexplanon clinical trial ended up becoming pregnant.
Nexplanon lasts for three years. The implant needs to be removed after three years, according to Nexplanon’s official website.
Nexplanon works by releasing hormones into the body. These hormones prevent pregnancy in several ways:
• They stop the release of eggs from the ovary
• They thicken cervical mucus, which may prevent sperm from reaching eggs
• They change the lining of the uterus
Six out of 923 subjects in a clinical trial of Nexplanon became pregnant, according to Nexplanon’s label. That equates to roughly .65 percent of test subjects.
You are immediately protected from pregnancy if you get Nexplanon implanted during the first five days of a period, according to Planned Parenthood. Planned Parenthood suggests using another form of birth control during the first week if you receive your Nexplanon implant during any other time, stating that the implant will start to work after the first week.
It is possible to become pregnant immediately after Nexplanon’s removal, according to Planned Parenthood. They suggest using a different method of birth control after Nexplanon removal if you don’t wish to become pregnant.
Nexplanon is estrogen-free, according to Planned Parenthood.
A trained healthcare provider will discreetly place Nexplanon just under your non-dominant upper arm’s skin, according to Nexplanon’s official website. The area of insertion will be numbed, and Nexplanon will be guided into place by an applicator. You and your doctor will feel for the implant to make sure it was implanted correctly after it is inserted.
5.2 percent of patients experienced pain at the insertion site in clinical trials.
Contraceptive implants such as Nexplanon typically prevent ovulation. While it is possible to ovulate on Nexplanon, it is extremely unlikely you will become pregnant.
Most antibiotics will not affect Nexplanon, according to Planned Parenthood. However, rifampin, which is also known as Rimactane and Rifadin, can lower Nexplanon’s effectiveness, as well as the effectiveness of other methods of birth control. Rifampin is used for the treatment of tuberculosis.