Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What types of IUD lawsuits can be filed in New York?
In New York, IUD lawsuits typically fall into two categories: product liability claims against the device manufacturer (for design defects, manufacturing defects, or failure to warn) and medical malpractice claims against the provider who inserted or managed the device. Some cases involve both. Common injuries include perforation, migration, ectopic pregnancy, and Pelvic Inflammatory Disease (PID).
What is the deadline to file an IUD lawsuit in New York?
New York imposes different statutes of limitations depending on the theory. Product liability claims must be filed within 3 years of the injury under CPLR §214. Medical malpractice claims must generally be filed within 2 years and 6 months of the act or omission, or from the end of continuous treatment. Missing these deadlines almost always bars your claim entirely, so consulting an attorney promptly is critical.
Which IUDs have been the subject of lawsuits?
Several IUD brands have generated significant litigation, including Paragard (copper IUD fracture and breakage), Mirena and Kyleena (pseudotumor cerebri / intracranial hypertension claims), and historically the Dalkon Shield and Copper 7. If your IUD caused injury, the brand matters for identifying the manufacturer and the applicable legal theories, but an attorney can evaluate your situation regardless of brand.
What compensation can IUD lawsuit victims recover in New York?
Recoverable damages in a New York IUD lawsuit may include past and future medical expenses, lost wages and earning capacity, pain and suffering, and in some cases punitive damages if the manufacturer's conduct was egregious. New York does not cap compensatory damages in most personal injury cases, though CPLR Article 16 may limit a defendant's share of non-economic damages in certain multi-defendant cases. No outcome is guaranteed; results depend on the specific facts.