On Monday a case was filed in the Southern District of Ohio against Coopersurgical Inc., the Cooper Companies Inc., Femcare LTD, and Utah Medical Products, Inc. The case is regarding product liability for a birth control device.
The plaintiff was a patient who underwent implantation of the Filshie Clip. The complaint said that the device received Premarket Approval from the Food and Drug Administration (FDA) in 1996. However, since that approval, the complaint said that it has been discovered that the clips migrate from their intended location in an estimated 25% of cases. The original approval records indicated a migration rate of 0.13%.
The plaintiff argues that this higher level of migration and degree of serious complications are downplayed, concealed, and not reported by the manufacturer. This concealment by the manufacturer is also included in the plaintiffs argument that the statute of limitations should be tolled and permit this case to be heard.
The plaintiff is suing for product liability in design defect, manufacturing defect, failure to warn, strict liability, negligence, gross negligence, and violation of consumer protection laws. Plaintiff is represented by the Henry Law Firm and Griffin Purnell LLC.
