Everything You Should Know About Birth Control Lawsuit Settlements

What Were the Big Birth Control Lawsuits?

The major birth control lawsuits are Essure, Yaz and Nuvaring.

Essure

A significant birth control lawsuit revolved around the contraceptive device, Essure. The FDA approved the device in 2002, then marketed it as a nonsurgical and permanent form of birth control.

However, eventually, women began to experience severe side effects—including cramping, back pain, and heavier menstrual bleeding—from using the device. In fact, as of 2013, thousands of women required surgical extraction of the device.

Later, in August 2020, 39,000 women filed cases against Essure. These women experienced medical complications and injuries from Essure up to and including surgical extraction. This led to a $1.6 billion settlement with each plaintiff receiving roughly $45,600.

Yaz

Another birth control lawsuit centered around the hormonal contraceptive, Yaz. The FDA approved the pill in 2006. But shortly after that, they warned that Yaz had overstated the drug’s effectiveness. In 2011, the FDA again warned Bayer, the company responsible for Yaz, and urged them to include more prominent warnings about risks such as blood clots.

Over 10,000 lawsuits had been filed against Bayer by this point, citing the drug’s side effects. One category of clot cases resulted in roughly $212,000 for each plaintiff.

Nuvaring

The final major birth control lawsuit was Nuvaring, a contraceptive ring. The FDA approved the device in 2001, but it wasn’t until later that women began to report serious side effects such as heart attacks and strokes.

In 2014, Merck & Co., the owners of Nuvaring, agreed to settle all claims related to the implant, with each plaintiff receiving roughly $100,000. In all, the agreement covered nearly 2,000 lawsuits.

Can I Still File a Lawsuit for Any of These Cases?

This will depend on your state and the type of claim you are making. Generally, these cases fall under a statute of limitations that ranges from one to six years, depending on the state. In other words, you must file a claim within one to six years of when you first learned that your complication was potentially due to the birth control you were using.

For example, suppose you used Essure and experienced medical complications within one year of use. In that case, you could possibly file a lawsuit. However, if you used Yaz and experienced complications more than six years ago, you may not be eligible for the lawsuit.

The bottom line is you need to consult with an experienced lawyer to determine if you are eligible for a settlement. If you’re unsure whether you should pursue a birth control lawsuit, it’s best to speak with an attorney as soon as possible.

What Evidence Is Typically Required in a Birth Control Lawsuit?

Evidence needed varies but in any mass tort case you need clear evicdence of damages and liability

Clear Evidence of Condition

To prove that you are eligible for a settlement, you must provide clear evidence of your condition and link it to the birth control you used. This could include medical records such as diagnosis or treatment records from your doctor and any additional evidence that may support your case.

Unless you have clear evidence of your condition, it will be challenging to prove injury due to the birth control you used. Therefore, if you are considering filing a birth control lawsuit, you must speak with an experienced lawyer to help you gather all the necessary evidence.

Supporting Documentation

In addition to providing clear evidence of your condition, your lawyer will also need to gather supporting documentation that helps establish your case. This could include medical bills, income information, and other records showing your injury’s impact on you.

Your lawyer can also collect case studies and research articles that provide further evidence of how your birth control has caused adverse side effects. When you combine clear evidence and supporting documentation, you can more easily prove that your complications are due to the birth control you used.

Funding for Birth Control Lawsuit Settlements

LawsuitLoans.io considers funding requests for these cases on a case-by-case basis. Typically, we cannot get involved in funding of mass tort claims until the defense has made an individual offer to settle. Call for details.