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Filshie Clip Litigation
Griffin Purnell is the leading law firm actively pursuing litigation against the companies responsible for the Filshie Clip sterilization device. For nearly 30 years marketers, manufacturers, and distributors have claimed the Filshie Clip is a safe and reasonable method to prevent pregnancy. Our firm has read and listened to thousands of reports from women across the country who say otherwise.
First-hand accounts of the painful, life altering, and life threatening complications this product has imposed on so many women and their families has inspired our firm to act. If you or someone you know has been injured by Filshie Clips please contact our firm immediately so we can discuss your options.
Filshie Clip Migration Lawsuit 2024 - Active Cases
Griffin Purnell is currently involved in nationwide litigation against a group of companies who profited off the Filshie Clip while knowing, and failing to warn, of the abnormally high rate of migration that caused danger to thousands of patients. Griffin Purnell’s latest lawsuits seek to recover losses on behalf of victims and hold dangerous medical device companies accountable so these injuries do not continue to occur.
The first Filshie Clip Lawsuits were filed in mid-2021. Griffin Purnell is continuing to file Filshie Clip Lawsuits in jurisdictions across the country as word spreads and Filshie Clip victims learn they are not alone. We expect the number of lawsuits to substantially increase in 2023 as additional victims come forward.
UPDATE: March 14, 2024 – Rhode Island Judge Rules Failure-to-Warn and Negligence Claim Against Filshie Clip Makers Not Preempted
In a significant development for Filshie Clip litigation, Judge William E. Smith of the U.S. District Court for the District of Rhode Island has denied the defendants’ motion to dismiss failure-to-warn and negligence claims, ruling that these claims are not preempted as they allege violations of state law that parallel federal regulations. This decision, issued on March 14, 2024, marks another crucial victory for plaintiffs seeking justice for injuries caused by Filshie Clips.
UPDATE: September 14, 2023 – Federal Courts Continue to Move Cases Forward
In a series of victories for women injured by defective Filshie Clips, federal courts across the nation continue to dismiss Defendants’ attempts to evade accountability. Judges in South Carolina (Nedimyer v. CooperSurgical, Inc.), Georgia (Blevins-Ellington v. CooperSurgical, Inc.), Missouri (Bergdoll v. CooperSurgical, Inc.), Ohio (Arnold v. CooperSurgical, Inc.), Alabama (Mack v. CooperSurgical, Inc.), Texas (Bulox v. CooperSurgical, Inc.), and more have now rejected Defendants’ improper claims that they cannot be sued anywhere in the US. All of these cases have been brought by Griffin Purnell, which remains the leading firm pursuing Filshie Clip lawsuits.
Recent developments in the litigation has attracted significant publicity, with Law360 reporting that Filshie Defendants are fighting to dismiss cases in Connecticut by arguing the court lacks jurisdiction. However, as Griffin Purnell attorney Sam Konicek stated, Defendants’ actions clearly violate federal regulations, and they should be held accountable in Connecticut and everywhere they have caused harm.
In another development covered by HarrisMartin, a South Carolina judge ruled personal jurisdiction exists over Defendants because they purposely conducted business in the state. The judge also allowed the case to proceed, despite Defendants’ attempt to dismiss it based on federal preemption.
As we’ve maintained all along, Defendants have long known that Filshie Clips have an unacceptably high failure rate, with the inventor estimating a 25% migration risk. Yet they continued marketing these dangerous devices without proper warnings, disregarding regulations and women’s safety.
The accumulating rulings make clear that Defendants must soon face their day in court for the deliberate efforts they undertook to maximize profits at the cost of women’s safety. Griffin Purnell remains committed to holding Defendants fully accountable and achieving justice for all victims harmed by their misconduct.
UPDATE: March 27, 2023 – A Fourth Federal Court Victory for Filshie Clip Plaintiffs
We are elated to announce another crucial victory in the ongoing battle for justice for the victims of the Filshie Clip. On March 27, 2023, the Honorable Judge R. Austin Huffaker Jr. from the U.S. District Court, Alabama, Middle District, delivered another key ruling in favor of plaintiffs on the issue of federal preemption. This marks the third federal court to rule in favor of plaintiffs on this critical matter.
Judge Huffaker’s decision not only strengthens the legal position of those harmed by the Filshie Clip but also demonstrates a growing trend in federal courts to hold medical device companies accountable for the damage their Filshie Clip product has caused. The ruling further supports the precedent set by Judge May’s January 17, 2023 ruling and Judge Harpool’s February 22, 2023 ruling, solidifying the argument against federal preemption and bolstering plaintiffs’ claims across the country.
This latest triumph for Filshie Clip victims is a testament to the unwavering dedication and hard work of the legal team at Griffin Purnell. We will continue to fight tenaciously for our clients and all those who have been injured by this dangerous medical device. Today’s ruling gives renewed hope and confidence to thousands of women who have suffered the devastating effects of Filshie Clip migration, and serves as a reminder that no company is above the law.
Griffin Purnell remains committed to seeking justice for Filshie Clip victims, and we will continue to file lawsuits in jurisdictions across the nation. With three milestone federal court victories under our belt, we are more motivated than ever to ensure that those responsible for this defective product are held accountable for their actions.
UPDATE: February 22, 2023 – Another Win for Filshie Clip Lawsuit: Court Denies Defendants’ Challenges
We are thrilled to announce yet another major victory for our clients in the ongoing Filshie Clip litigation. On February 22, 2023, the Honorable Judge Douglas Harpool of the Western District of Missouri issued a favorable order denying jurisdictional challenges for every single defendant in the case.
Moreover, the Court ruled that our claims survive preemption, both express and implied, which is a testament to the strength of our case given the historically strict approach to preemption analysis in the Eighth Circuit. The ruling provides a compelling framework for future cases and represents another significant milestone for our clients and all those seeking justice for the harm caused by Filshie Clips.
The thorough analysis of the issues by this Court instills hope in the hearts and minds of thousands of women affected by Defendants’ product. This latest decision further reinforces Griffin Purnell’s commitment to achieving justice in this case.
UPDATE: January 18, 2023 – Griffin Purnell’s Filshie Clip Lawsuit Overcomes Federal Preemption
The United States District Court for the Northern District of Georgia issued a ruling that represents a major victory for women harmed by the “Filshie Clip” contraceptive implant. The 45-page order, issued by the Honorable Judge Leigh Martin May, is the first of its kind in cases filed across the nation and definitively shuts down Defendants’ request for what amounted to a “get out of jail free card.” Judge May’s thorough analysis provides compelling precedent and tremendous momentum for Filshie cases in other jurisdictions and gives hope to thousands of women across the country who have suffered horrendous injuries from this inherently defective medical device.
Since the inception of our lawsuit, Defendant medical device companies have been trying to avoid responsibility for the damage caused by their Filshie Clip product by arguing that the case is “federally preempted.” Defendants have essentially been arguing that they should receive federal immunity and existing cases should be thrown out. However, Judge May’s January 17, 2023 ruling rejected these arguments, finding that Plaintiffs’ claims are not federally preempted and that allowing the cases to proceed would not be disruptive to the FDA’s regulatory scheme.
This ruling represents a massive milestone for Plaintiffs who have been harmed by the Filshie Clip, as it provides an authoritative framework for holding companies accountable for the harm caused by this product. The decision also sends a wider message that medical device companies cannot avoid responsibility for the harm caused by their products through the blanket application of federal immunity.
UPDATE: June 14, 2022 – Federal Judge Green Lights Lawsuit and Allows Filshie Claims to Proceed
In a major victory for Filshie Clip victims, United States District Court Judge Lynn N. Hughes out of Houston, Texas issued the first decision in the nation regarding the Medical Companies’ Motions to Dismiss the litigation in its entirety. Judge Hughes’ milestone Filshie ruling definitively shut down Defendants’ plans to kill the litigation in its infancy and avoid responsibility for the carnage they have inflicted on so many women. On July 21, 2022 Judge Hughes re-affirmed his first ruling by denying Defendant’s Motion to Reconsider in its entirety.
While Defendants have used their vast resources to lodge additional independent dismissal attempts in nearly every active jurisdiction, this early decision from a seasoned Federal Court Judge provides important momentum for all of our cases.
What are Filshie Clips?
Filshie clips are intended to be used as a contraceptive device consisting of small, silicone-lined titanium clamps that are placed on the fallopian tubes during tubal ligation surgery. The clips, once closed, create a blockage in the tubes so eggs cannot reach the uterus and become fertilized.
There Are Known complications associated with Filshie Clips
There are numerous case reports and other studies that describe complications associated with Filshie Clips, some being extremely severe. Griffin Purnell is currently pursuing litigation against the companies responsible for defects in the Filshie Clip. Our current lawsuits primarily concern the issue of migration. Alarms from the medical and scientific community have been sounding for years and the number of reports and studies from the medical and scientific community have reached a critical level as demonstrated by a recent article from 2020 titled, Sharma et. al, Migrated Tubal Ligation Filshie Clip as an Uncommon Cause of Chronic Abdominal Pain.
Up to 1/4 of all filshie patients will experience Clip Migration
The inventor of Filshie Clip (Marcus Filshie) estimated in his own studies that 25 percent or more of women could experience migration of at least one clip.
We know of at least 20 case studies between 1990 and 2009 involving migration of Filshie Clips from the fallopian tubes to other areas of the body. We currently represent one client who experienced migration in her abdominal wall which resulted in excruciating pain. Other clients have had clips migrate and embed themselves into their liver, uterus, bowel, and other structures in the abdominal/pelvic region.
In some cases women experience no pain from migration while in other cases pain can be severe. However, if a Filshie Clip does migrate to another part of the body, invasive surgery is often required to remove it.
What Happens After a Filshie Clip Migrates?
Our clients have developed a wide range of injuries from clip migration depending in part on where in the body the clips ultimately end up. It shouldn’t come as surprise that loose metal clips have the ability to inflict serious damage on the delicate structures of the lower abdominal region. Some of the injuries our clients have experienced include:
- Extreme pain in the abdominal/pelvic region.
- Abnormal and/or painful menstrual cycles.
- Heavy menstrual flow and clotting.
- Difficult or painful bowl movements.
- Difficult or painful urination.
Has anyone won a filshie clip lawsuit?
While it’s still early in the litigation process, Griffin Purnell is leading the charge in holding the makers and sellers of Filshie Clips accountable. As the first major law firm to file lawsuits against these companies in 2021, we remain at the forefront of this critically important litigation and have achieved many pre-trial victories, some of which are described above. With trial dates set for 2024, our team is working tirelessly to achieve justice for the numerous women harmed by this dangerous medical device.
Although complex mass tort cases like this one take time, we are optimistic about securing significant recoveries for our clients in the near future. If you believe you may have a potential Filshie Clip claim, it is crucial to reach out to our firm as soon as possible to protect your legal rights and avoid any issues with the statute of limitations. The sooner you take action and file your case, the sooner you may be able to obtain the compensation you deserve.
Contact us for a free consultation
If you or a loved one has been injured by the Filshie Clip product contact our firm for a free consultation to discuss your options. Reaching out to us is always confidential and at no cost to you. If we do ultimately decide to accept your case and move forward with litigation, you pay nothing unless and until we win.
Griffin Purnell Attorneys
Experienced Litigation Team
With over 100 verdicts and 10,000+ hours in trial the attorneys at Griffin Purnell are ready to advocate for your interests.
Whether you personally suffered a loss or are the family member of someone who has been injured or lost their life as a result of the Filshie Clip sterilization device – we are here to ensure you are protected and properly compensated.
Our Low Volume - High Pace - Approach
Our low-volume litigation approach allows us to dedicate the time and energy needed to achieve favorable outcomes for our clients. This model involves meticulous research for each case using the latest legal databases, publications, and even active pleadings in comparable jurisdictions.
Griffin Purnell understands that “justice delayed is justice denied.” That’s why we’ve committed to establishing a “fast pace” at the onset of each dispute and ensuring that the other side sticks to their deadlines.
plan of action
01
Consult with us
We’ll meet virtually or in-person at our offices in Corpus Christi, San Antonio, and Milwaukee.
02
Retain us
If you like us and we like the case we will sign a formal engagement/retainer agreement.
03
We build your case
Griffin Purnell will develop a legal strategy and handle all pre-trial matters. If necessary, we’ll take your case to court.
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