What Happens If You Win a Lawsuit Against Your Birth Control Patch?
If you have been recently diagnosed with a disease or condition that can be controlled by the use of birth control, you may want to know if your health insurer will cover your costs. Some insurers will only cover specific contraceptives at particular times, such as for women undergoing tubal reversal surgery. Others will refuse to cover all forms of birth control. This is why it is important to contact one of the birth control patch attorneys if you are suddenly diagnosed with a serious condition or illness that requires you to use one of these medications.
Birth Control Patch Lawsuit
It has been brought up that some birth control patches contain an ingredient called estrogen like substances known as phytoestrogens. These substances are not natural and are banned from being used in cosmetics and other products because they are potentially dangerous to the user’s health.
However, the FDA allows manufacturers to include an amount of phytoestrogens, up to 0.35 percent, into their products. According to the American Association of Clinical Endocrinologists, many birth control patch users suffer from ovarian cancer. They claim that the increased estrogen levels and subsequent increase in progesterone from using the patch causes this cancer.
This seems like a logical argument. In any event, it is always good to check with your health insurance provider first.
A birth control patch lawsuit may be filed against a company that sold the faulty patch and did not warn the insured patient that there were possible side effects. As I have already mentioned, there is a difference between “known” side effects and probable side effects. The courts are usually reluctant to allow a plaintiff to file a suit based on a supposed “common understanding”.
There are a few things you can do to avoid being sued by your insurance carrier and/or the manufacturer of the birth control patch.
First of all, before you purchase any type of birth control patch, check with your health insurance carrier and make sure that you will be covered. It is possible that you could be denied coverage because of certain medications or birth control methods.
As you shop around, try to find low-cost or no-cost birth control methods. If possible, pay cash for your birth control, so that you don’t have to worry about the possibility of having to defend your actions in a lawsuit.
Second, if you do decide to sue your doctor for your actions, make sure that you present him with all of your evidence relating to your medical problems.
Medical doctors are notorious for taking one look at your health history and deciding that you do not need any type of birth control patch. The only way to set yourself apart from the rest of the pack is to provide solid evidence to your doctor which clearly shows that you indeed need the birth control patch. He may decide to change his mind, but there is nothing wrong with you trying to put a halt to this lawsuit by proving your doctor wrong.
Last, it is important that you do not quit your birth control medication suddenly just because you win your first court case.
Remember, that losing is something that many people in this situation have experienced. You need to remain vigilant and not lose your sense of self-preservation. Go back to your doctor and see if you can work out a payment plan that is agreeable to both you and your insurance company.
Most often, control patches can be removed gradually, allowing you to continue taking your medication without any financial issues. If that option does not work out, you may need to find another way to stop the lawsuit altogether.