Sep 23, 2024

“Filshie Clip” Birth Control Medical Devices Targeted in Defective Products Litigation

by Christopher Hazlehurst | Jun 30, 2022
filshie clips Photo Source: Filshie Clips (National Injury Law)

The search for a safe form of long-term birth control continues. A number of lawsuits in recent years have decried the dangers of the most popular intrauterine uterine devices (IUDs) which, despite being marketed as safe and effective, have caused thousands of women to suffer infection, injury, and in severe cases, death. A recent lawsuit highlights the dangers in long-term birth control solutions even outside of IUDs, targeting the “Filshie clips” used for decades in tubal ligation/occlusion procedures.

Tubal ligation is a very common form of contraception. Tubal ligation is a permanent surgical procedure in which the two fallopian tubes are disconnected or blocked to prevent transportation of eggs from the ovaries to the uterus. When the doctor places a micro-insert into the fallopian tubes in order to block or facilitate blockage of the fallopian tubes, the process is known as occlusion. The procedure has been performed for decades as a form of voluntary sterilization for women who no longer wish to have children.

The “Filshie clip system” is a type of tubal ligation in which a titanium clip fitted with silicone rubber lining is placed around each fallopian tube to create a blockage preventing eggs from reaching the uterus and becoming fertilized. The Filshie clip is a metal device used to clip shut the fallopian tube and cause occlusion. The manufacturers of the Filshie clip, Femcare-Nikomed and CooperSurgical, tout a 99.76 percent long-term success rate and a pathway to avoid the risks inherent in other forms of tubal ligation (such as utilizing electrocoagulation to burn the fallopian tubes shut).

According to recent case reports and studies, however, the Filshie clip system is not all it’s cracked up to be. Between 1990 and 2009, a number of studies found that Filshie clips have a risk of migrating from the fallopian tubes to other parts of the body, causing damage to the bladder, abdominal wall, groin, vagina, and colon. A recent lawsuit against Femcare, The Cooper Companies, their respective affiliates, and Utah Medical Products highlights the risks associated with Filshie clips.

The plaintiff alleges that both of the Filshie clips installed as part of her tubal ligation migrated. One became embedded in her pelvic artery while the other embedded itself in her abdomen. The clips are too deep to be safely removed with surgery, leaving the plaintiff unable to correct the issue but in constant fear of future complications.

According to the complaint, migration of the clips after a normal procedure is likely to occur an estimated 25 percent of the time. Clip migration often necessitates invasive surgery for correction. The plaintiff alleges that the manufacturers of the devices are well aware of the risks of migration and attendant dangers but deliberately mislead patients about those risks, omitting the likelihood of migration and the harm that can result. The manufacturers allegedly failed to disclose the risks to physicians or to patients, creating a significant danger for thousands of women.

If proven, the allegations have grave ramifications. Filshie clip lawsuits might rise to the level of a class action if many women around the country discover complications associated with their devices and the ligation procedure. Certainly, any woman who has had a tubal ligation that made use of Filshie clips or similar devices should consult with their gynecologist about any potential dangers.

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Christopher Hazlehurst
Christopher Hazlehurst
Christopher Hazlehurst is a graduate of Columbia Law School, where he also served as Editor of the Columbia Law Review. Throughout his legal career, he has navigated a diverse array of intricate commercial litigation and investigations involving white-collar crime and regulatory issues. Simultaneously, he maintains a strong commitment to public interest cases nationwide. Presently, he holds a license to practice law in California.