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Birth control device lawsuit will stay in North Carolina courts

People cause injury or illness to each other all the time, generally by accident. Minor mistakes can be easily excused by a sound mind, but some injuries are too great to bear alone. When people or companies seriously endanger health or life, they must answer for these actions. That is the issue at stake in a group of lawsuits involving a birth control device.

Concerns about the safety of the device were related to the inclusion of an alloy containing nickel. The metal, which often appears in jewelry, can cause an allergic reaction in up to 20 percent of the U.S. population. The U.S. Food and Drug Administration (FDA) has planned a public hearing to investigate the human immune system's reaction to the object and similar medical implants.

The manufacturer of the device pulled it from the market more than six months ago while it faces lawsuits related to medical reactions in multiple jurisdictions. A case in North Carolina is staying in the state court system after a federal appeals court denied the manufacturer's motion to move the case to U.S. courts.

The case in the Volunteer State claims that the manufacturer failed to adequately warn users of the device of the dangers that may be associated with the metal as an allergen. The panel of three judges did not think the FDA's jurisdiction was reason enough to send the case to federal court.

People injured or made ill by unacceptable products or services have the right to pursue financial damages to help recover from the consequences. An attorney can assist victims of personal injury sort out the evidence and their options in civil court.

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