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Do I Have A Case?

  • Thread starter Infertile_In_Indiana
  • Start date

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In July '96, I began taking a birth control shot called Depo-Provera. I took the shot every 3 months until May of '97, when I stopped. I was told, prior to getting my first shot, that after I took my last shot I would be able to conceive. It has been almost 36 months since my last shot, and I have since discovered that I no longer am able to conceive because I don't ovulate. I was NEVER told about this, and it wasn't until a year ago that I found out the shot "may cause lack of return to fertility". It was not stated in the original pamphlet I received prior to the shot that this could happen. My husband and I are desperate to have a child, but because of this shot, we are unable to. I would like to file a lawsuit against the pharmecutical company. Do I have a case?



It may depend on when you found out you can't ovulate, and how long it has been since then. statute of limitations may have run by now


Senior Member
You are also going to have to show, somehow, that you were fertile BEFORE you ever used this medication, to prove that the medication caused the problem.


The problem you have is one of cause and effect. You have to prove that 1) the drug caused you to stop ovulating instead of it being an unrealted health problem 2) the drug makers knew that it was a possibility and didn't tell you at the time. I don't know if you can do that. The antecdotal evidence is just not enough. It is possible that even if you had never taken this drug you would have had ovulation problems anyway. In a long term study 93% of women who stopped Depo Provera to try and become pregnant did so within a few years. That would lead to about an 8% infertility rate which is pretty much on par with the rest of the population who hasn't taken the drug. Even if the depo provera did cause your infertility you can't prove that the drug maker knew about it and it is not listed as a side effect in the current literature or in any medical sources I found (there are many antecdotal stories but how many of those people would have had the same problems even without the drug?).

While it is easier to blame this drug in the long term it will be more productive to focus on what you can do now to add to your family.


Senior Member
Actually if you look at the dates this is a 6 year old post. I accidentally read and replied this morning when I came to the boards, I though I was being shown the newest posts as usual, which is what I have my settings for, and instead I was getting all OLD posts!

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