Legal Question in Medical Malpractice in Wisconsin

ESSURE Pregnancy

Is there the potential for a lawsuit if a birth control procedure that claims 99.8% effective after 2 years, then allows a pregnancy after said 2 years? We just found out we are 9 weeks (healthy so far) pregnant and we are shocked and confused.


Asked on 2/21/09, 2:10 am

1 Answer from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: ESSURE Pregnancy

You might consider doing a web search to determine whether ESSURE has had lawsuits filed against it because of some problem with the product. In order to be successful with a case, you would have to be able to prove that the product was defective and unreasonably dangerous or that the manufacturer misled you by knowingly making inaccurate statements about the product. Unless there is an indication that the product was defective or that the manufacturer's claims were wrong, you may be the 0.2% of people for whom the product did not work. Keep in mind that there is a three-year statute of limitations in Wisconsin for cases such as yours.

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Answered on 2/21/09, 1:32 pm


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