$5M Medical Malpractice Settlement Reached In IUD Case

Hundreds of women will receive shares of a $5 million medical malpractice settlement after they were implanted with unapproved intrauterine devices. An estimated 700 women will receive around $3,800 each, while the first women to file the suit will receive an additional $30,000 each. The medical malpractice settlement came after a class action suit against several women’s health centers. The clinics, based in Providence, Rhode Island, administered the devices, although they had not been approved by the U.S. Food and Drug Administration.

Unapproved IUDs Spark Medical Malpractice Settlement

The intrauterine device, or IUD, is a contraceptive device implanted into the uterus. The IUD prevents pregnancy by either preventing the egg from fertilizing, stopping the egg from traveling through the fallopian tube, or ensuring that the fertilized egg does not adhere to the uterine wall. The medical malpractice settlement came as a result of doctors purchasing versions of the Mirena and ParaGard IUDs. Although the doctors named in the medical malpractice settlement claimed that they noticed the unapproved version did not deploy in the same way as the approved versions, they continued to buy and use the unapproved devices.

State Investigation Prompts Medical Malpractice Settlement

The case surrounding the eventual medical malpractice settlement stemmed from a 2010 investigation by the Rhode Island Department of Health. The probe found that a practice named OB-GYN Associates had been implanting IUDs that had not received FDA approval. The investigators found that the doctors at OB-GYN Associates had been purchasing the devices for half the price of similar FDA-approved devices from a Canadian distributor. Investigators also found that insurers had been reimbursing the doctors for the full price of the approved devices.

Medical Malpractice Settlement Covers Multiple Practices

The state’s investigation also found that the practice that led to the medical malpractice settlement was more widespread than previously believed. The probe revealed that more than 10 percent of the OB-GYN practitioners in the state used the unapproved devices. The lawsuit alleged that the doctors at these practices engaged in civil conspiracy, unjust enrichment and inflicted battery and emotional distress on their patients. The medical malpractice settlement included seven medical practices, most of them based in and around Providence.

Source: Providence Journal

Get Answers For Your Medical Malpractice Settlement Questions

To find out how we can answer your questions about how a medical malpractice settlement can affect your case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how you can get a medical malpractice settlement. You can also fill out the “Free Case Evaluation” form at the top of this page.