How the Healthcare System Fails Women

Essure was a permanent birth control device implanted in a woman’s fallopian tubes to prevent pregnancy. Thousands of reports detailed severe side effects and device failures, such as fracture, breakage, and unintended migration. Additionally, patients reported ectopic pregnancies, pregnancy loss, and even fatalities. After many years, the manufacturer finally ceased distribution in 2018.¹⁰

Norplant, a contraceptive implant, faced lawsuits over insertion-related problems like infections and scarring, as well as systemic side effects like stroke and blindness, although serious claims were largely dismissed. Complications with insertion and removal often required surgery under anesthesia, prompting women to seek early removal. Eventually, the manufacturer ceased its distribution in 2002 due to legal issues and declining sales.²¹

Paragard, a non-hormonal IUD, has been associated with 50,088 complications reported to the FDA, including 17 fatalities since 1989. Reports include severe issues such as device expulsion, migration, uterine perforation, and adverse events like ovarian cysts and uterine rupture.

Our managing Partner, Buffy Martines, serves on the nationwide Plaintiffs’ Steering Committee in MDL No. 2974, In re: Paragard IUD Products Liability Litigation, and is actively working to bring these cases to trial.

Prempro, an HRT drug for menopause symptoms, was widely prescribed to over six million women until a 2002 NIH study linked it to elevated risks of breast cancer, heart attacks, and strokes. Lawsuits led to substantial settlements for women affected by these severe side effects.^[18,19]

Fenfluramine and dexfenfluramine, known as Fen-Phen, were withdrawn from the market in 1997 after data linked them to heart valve defects in up to one-third of patients. Ultimately, around six million Americans, mostly women and not all obese, used the drugs before their withdrawal.¹²

All three of LPM’s founding partners took part in a case involving the wrongful death of a mother who developed primary pulmonary hypertension due to Fen-Phen. The verdict awarded over $1 billion, a record-setting single-plaintiff award at the time.

DES, a synthetic estrogen, was prescribed to pregnant women for decades despite studies indicating its ineffectiveness. Tragically, prenatal DES exposure was later linked to clear cell adenocarcinoma, birth defects, and developmental issues. Although its use in pregnancy was discontinued in the U.S. in 1971, its legacy has left lasting health implications.⁸

In the early 1990s, silicone breast implants began to be linked to health risks including cancer, connective tissue diseases, and autoimmune disorders, leading to the FDA banning them.²²

Two of LPM’s founding partners, Rick Laminack and Tom Pirtle, achieved groundbreaking victories in these cases and went on to successfully represent tens of thousands of women nationwide and secure hundreds of millions of dollars in settlements.

Even after re-approval in 2006, FDA studies revealed ongoing concerns, with research linking silicone implants to autoimmune disorders and cancers.

TVM, a net-like implant for pelvic organ prolapse, has led to numerous reports of severe side effects like pain, organ prolapse, and infection. Beginning in 2009, thousands of lawsuits were filed against various TVM manufacturers alleging that they were negligent in their design, testing, and marketing of the devices and failed to warn healthcare providers and patients about the potential risks and complications associated with their use. While the FDA began issuing warnings about possible complications in 2008, they did not reclassify the tool as “high risk” until 2016.

Our team at LPM was highly involved in the mass tort litigation that ensued, helping hundreds of women receive compensation from the device manufacturers.

Approved in the early 90s, laparoscopic power morcellators are surgical tools used to break down tissue during minimally invasive surgeries. Tragically, they can also spread cancerous tissue in the abdomen, leading to aggressive cancer in some women. Despite FDA awareness, a warning wasn’t issued until 2014, and subsequent lawsuits led to several device versions being withdrawn from the market.¹⁴

A recent study conducted by the National Institutes of Health (NIH) has highlighted the elevated risk of uterine cancer among women who have used chemical hair straighteners. This risk is particularly significant for Black and Hispanic women who tend to use these products more frequently. In cases of frequent use, the risk of uterine cancer may be more than double that of women who have not used such products.¹⁵

We are proud to have one of our founding partners, Buffy Martines, at the forefront of this litigation. As a member of the Plaintiff's Steering Committee of this multidistrict litigation (MDL), Buffy is among the select group of attorneys leading and overseeing this important case.

This litigation is ongoing. If you suspect that your use of hair straighteners has contributed to your uterine cancer diagnosis, you may have a valid legal claim for compensation. Please reach out to us for a confidential consultation to explore your options.

Research has detected trace amounts of 16 metals, including toxic ones like lead, in tampons from various brands. Further research is needed to determine if these metals may leach from tampons and pose health risks, especially considering the long-term exposure many women face. Although the FDA classifies tampons as medical devices, it lacks rigorous chemical testing requirements.^[20,24]

Benzene, a carcinogen, has been detected in several popular dry shampoos, leading to recalls and lawsuits. The settlement involving the Batiste brand underscored the need for higher safety standards, particularly in personal care products that are widely used by women daily.