I had a tubal ligation(clamps) and 11 mths later got pregnant w/ twins, should I sue the manufacturer?

Question

So when my second child Parker was born my husband and I decided to stop having children for financial reasons. I had the hulca clamps placed twice on each tube the day after Parker was born. When he turned 11 months old I found out I was pregnant with twins. I went to the same Dr. because of the level of care he offered as well as the hospital. This time he removed my tubes as I was too young for a hysterectomy, however he stated the clamps were still in place on both tubes and he took pictures. Do you think I could have a case against the manufacter of the clamps without seeming as though I don't love my twin boys? I now am faced with the prospect of feeding, clothing, and EDUCATING four boys instead of two. I tried to be responsible and use a permanent form of birth control.

Answer 1

This has happened to other mothers and they have taken legal action. This is because even though they love their children, they now have extra unplanned expenses and in your case that is not just one, but two lots of expenses. Seek out a lawyer/solicitor to hear your thoughts and see what they would say, but I think it is definitely worth a shot. Good luck

Answer 2

I suggest you look into your options, however I don't think there is anything that you could sue for. There was probably some kind of clause or fine print about the effectiveness of the procedure. Although it is not common, pregnancy after tubal ligation is possible. If you signed the consent for the tubal ligation that would be a legal document that showed that you had a full understanding of everything involved in the procedure (even though these documents are sometimes forced upon patients that do NOT have a complete understanding). Like I said - definitely look into your options. I know it must have been tough raising 2 boys, let alone 4!! At least you won't have to pay for weddings!!! That's an advantage! :) Good luck!!

Answer 3

Pregnancy After Tubal Clamps

Answer 4

Honestly, I don't think that if you sue the company you'd win. I guess it would be the same as suing a condom company if you got pregnant using their condom. It has to be put there properly. Honestly, even though you like your Dr. I think the fault runs on him/her as they are the one who put on the clamp. I'm wondering if you didn't want to have any more children why didn't you have your tubes cut and burned rather than put on clamps. I guess you have to look at a clamp on a car. It can become loose and fluid leak out. Do you sue the maker of the clamp or the mechanic who put the clamp on. Just because the dr took pix of the clamp does it mean it was put on correctly? How do you know he didn't fix it first and then take the pix because I'm sure while he was in there you couldn't feel a thing. (at least I hope not).

Answer 5

I can completely understand that you had your tubes tied with the intentions of preventing any future pregnancies- and that you're now not too pleased with the fact that the procedure didn't work. However, "sue-happy" people are the reason for the outrageous cost of health care. We all suffer when people are quick to sue. (Although it doesn't seem to me that you're just suing trying to get money like some do.)

I also think that your babies were meant to be here. God has a purpose for all human lives. Also- I'm pretty sure that most birth control methods (tubals included) come with a "99.9% effective" label. So, they're not 100% guaranteed. You may have a case, you may not.

This is just my take on the situation. You have to decide for yourself what action you want to take.

Answer 6

You probably wouldn't win. Tubal ligation may be the most effective method of birth control, but can still fail. It clearly states that on PP too. About 100 woman a year become pregnant when they've had a tubal. So you aren't the only one.

Answer 7

I hate do totally stomp on this question. so first I will asnwer it. yes you can sue and yes you will lose and be hit with filing a frivolous (Spelling) lawsuit. They do not give you anything more than 99% gurantee. You signed apaper agreeing to those odds before you ever went under. You also signed a paper saying You would not sue if they dont work through no fault of a factory defect or implantation.

NOW to do my stomping. It is bull sh*t laawsuits like this that make an aspirin $10.00 a piece at the hospital. why its 5grand to have a kid. why an xray of my hand and 6 hrs in the ER room just sitting there was 13 thousand dollars. These horse sh*t lawsuits drive health care prices up. even when most of them lose, because they still had to pay an attorney they still had other costs and they still recieved the bad publicity (even if its just in your town)

If you do follow through with this case, then let me be the first to thank you for doing your part to make sure my insurance premiums stay at about 180 dollars every two weeks

Answer 8

You could try but you have to make sure that the procedure was 100% effective. There is always a small chance of having your tubes clamped and becoming pregnant, although very rare. Just do some research about it before you waste money in a lawsuit. Good luck.

Answer 9

Giving birth to a new life is indeed a blessing which almost every woman would wish to have. How to get pregnant naturally https://tr.im/A1Eij
Enjoying the feeling of motherhood and raising a family would surely be a couple’s dream. Some get it naturally, while for some others things don’t seem to work as they desire. These reasons which stop a women from conceiving can be due to either physical reasons or truly physiological.

Answer 10

You can try, you just may win. When you had this procedure done didn't they tell you it's not 100 % proof? They sure did me.

(The same thing happen to by sister and sister in law.
Ironic thing is both their husbands names are the same and it was the men you got fixed. Both were pregnant no more than 4 months after.)