A woman together with her husband sued her prior physician for alleged medical malpracticein insertion of an intrauterine device (IUD), a birth control device. The IUD was recalled at the medical level by the federal food and drug administration prior to the date of insertion. The couple also joined in this action as party opponents of both the developer and the distributor of the IUD.
Consequently, the physician moved to dismiss the legal action filed against him. The physician further contends that he inserted the IUD, prior to the recall, that regardless of when the device was inserted, the three year law of limitations has long since run in either event, since the alleged medical malpractice occurred at the time of insertion.
A New York Injury Lawyer said the woman in opposition argues that the physician never advised her at any time that the device has been recalled or should be removed. She had no way of knowing that the IUD was causing injury to her until her severe infection. According to the complaint, the physician advised the woman at the time of insertion that the IUD would be safe and effective and would be good for a period of at least 5 to 6 years. However, the woman began to experience severe radiating abdominal pain, infection, discharge and temperature, for which she was admitted to the hospital. During her hospitalization she had to undergo surgery, including a complete hysterectomy and surgical removal of the IUD, all as a result of the unsafe birth control device.