Seeking compensation for health issues from Norplant and missed lawsuit

Question

I experienced severe issues with the Norplant birth control, including body rejection that required its removal within a year. My doctor warned me that I may never have children, and at 45, I do not have any. I was unaware of additional side effects like depression. I recently learned of a class action lawsuit from 2000 that I was never informed about. I want to know how I can seek compensation, given my significant health impacts and lack of notification regarding the settlement. What are my options for proceeding legally?

Dan Rowan Cortright · Answer

Whether you may now sue for personal injury caused by the Norplant device depends on when you discovered the damage it caused you. If it was more than 2 years ago, then the statute of limitations bars your claim for any recovery. But if the damage was either caused less than 2 years ago, or through ordinary diligence you did not discover the damage caused to you until less than 2 years ago, you may still have time to file a lawsuit for damages.

James L. Arrasmith · Answer

The Norplant settlement you're referring to occurred around 1999-2000, when American Home Products (later Wyeth Pharmaceuticals) agreed to pay approximately $50 million to settle lawsuits filed by more than 36,000 women who experienced side effects similar to yours. The settlement offered about $1,500 to each woman who filed suit before March 1, 1999, with the manufacturer describing it as "a business decision" while admitting no wrongdoing. 
 
Unfortunately, pursuing compensation now faces significant challenges due to timing. The statute of limitations for these claims has likely expired, as one woman who experienced similar issues was told by multiple law firms that it was "too late to file a lawsuit because the statute of limitations had passed." In California, personal injury claims generally must be filed within a specific timeframe after the injury occurred or was discovered. 
 
However, you might consider these options: 
 
First, consult with a personal injury attorney who specializes in medical device cases. Some lawyers offer free consultations and might identify exceptions to the statute of limitations in your case, such as if you only recently discovered the connection between your health issues and Norplant. For similar cases involving birth control implants, attorneys typically work on contingency basis, meaning they only get paid if you receive compensation. 
 
Second, document your medical history thoroughly, gathering all records related to your Norplant use and subsequent health issues. This documentation will be essential if any legal pathway becomes available. 
 
Your experience highlights the importance of being informed about medical devices and medications. I hope you find a path toward the resolution you deserve.

Q: Seeking compensation for health issues from Norplant and missed lawsuit