Berkeley, CA asked in Medical Malpractice and Personal Injury for California

Q: Can I sue the birth control company Nexplanon for emotional distress?

It does not state anywhere in the warning that the birth control could lower my hormone levels greatly after removal. After testing, doctors were convinced that I was infertile and guaranteed me that the birth control could not lower my levels to a point that makes it seem infertile. They said it would have to state something about that so it doesn’t do that. I got tested again 5 months after the birth control removal and my levels are completely normal. My doctor says this means it was definitely the birth control. For 5 months I went through so much thinking I was a 23 year old women that was infertile. I feel like I should be able to sue them for this distress I went through.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A California attorney could best advise, but your post remains open for three weeks. I'm sorry for your ordeal. What you describe could be more a product liability case than a med mal case. A med mal cause of action would be based more on a breach of a medical duty of care, while a product-based case would be based more on issues with manufacture or the failure-to-warn that you point out. You could contact product liability firms that handle pharmaceutical cases to learn if there is pending litigation involving the drug. Good luck

Tim Akpinar

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