05 January 2011
Withdrawal of Implanon: Making a Medical Negligence Claim
People have been asking me about Implanon, a contraceptive implant which has been in the news recently.
Implanon seems to have given rise to a number of problems and was replaced by a new version a couple of months ago.
The Medicines and Healthcare Products Regulatory Agency had raised concerns with the manufacturers which ultimately lead to it being withdrawn.
A surprising number of people have complained to us that the implant was inserted wrongly and therefore failed to prevent pregnancies. We are told that there should be fewer insertion errors with the replacement, Nexplanon.
English law limits the right to damages where medical negligence – for instance in wrongly fitting an implant – leads to the birth of a healthy child. The mother may recover an award for having to go through the process of pregnancy and birth.
Where she suffers psychologically because of miscarriage or stillbirth, there may be an award. However the Courts do not allow people to claim the cost of bringing up a health child. The situation is different if the child is disabled, when they allow an award for the additional costs arising because of the disability.
In the meantime there will be people who have suffered unwanted pregnancies after having Implanon inserted. So it looks as though we are going to continue to deal with claims arising from problems with Implanon for some time to come.
Paul Sankey is a solicitor specialising in clinical negligence. If you or a member of your family have a clinical negligence enquiry please call our expert clinical negligence solicitors on 0800 916 9049, fill in our short online claim form or email email@example.com and one of our specialist clinical negligence team will be in touch.
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