This is the same exact thing that happened to me except I didn’t have a baby already and I wouldn’t want any kind of compensation had I known it would help me be a mother I would have got it a long time ago but I do get how scary it is at first and I’m sure with a 5 month old your probably extra worried but my point is it’s apparently common for this mistake to happen except mine was clearly in the wrong place my arm was black and I couldn’t even move it at all without crying it’s explained in the paper you get that it isn’t 100% before you have it placed is what my ob told me but again I wasn’t mad about it just scared at first
If the rod was placed wrong you could file a suit against her. If it’s just because you are the unlucky 1% then, no. Congratulations on your 2nd baby.
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Most of these comments are really heartless.
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Idky everyone is looking for a lawsuit. No birth control is 100%
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Stop taking cream pies and you might stop getting pregnant lol
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Birth control isnt 100%. Sorry 
They always tell you to wait a certain amount of time after recieving and starting a new birth control to have sex in order to allow the new birth control to take affect and properly prevent pregnancy.
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No that’s why they make sure to tell you it’s not 100% so you can try but you won’t win.
No. BC is not 100%. I have FOUR BC babies! I had the mirena, depo, pills, etc. I had a tubal ligation in 2014 and in 2017 I became pregnant. While the pregnancy did not survive, I was still prego.
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Only 100% birth control is no sex. My friend was born with the coil in his hand
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Umm no you can’t sue the dr it’s not her fault. Birth control is not 100% affective against pregnancy sometimes woman get pregnant on birth control it’s not uncommon.
I was on the pill and took it every day at 9am and did not miss it once and I’m now four months pregnant with my son lol. Shit happens in my opinion. And I don’t believe there is anything you can do. Did I mention that I didn’t find out I was pregnant until I was 4 weeks 5 days? So I took my birth control every day until I found out. Luckily my baby is perfectly fine and nothing horrible had happened to him.
No BC is 100%. You should still be using condoms along with any other BC for extra protection against getting pregnant.
I think you’re pregnant because you had sex🤷♀️
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The amount of people giving this lady % I’m pretty sure she knows that. If anyone read the post properly you would see that is not what she asked. She didn’t ask if she could due because the implant failed she asked if she could sue due to the doctor inserting it incorrectly which is not the same thing.
Personally if your keeping the baby I wouldn’t even consider pursuing it.
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I dont think you can because allbirth contr is not 100% and i got pregnant taking my birt control and i had 6 kids after my last my tubes got cut tied and burnt and that was also because of thehealth issues i have
Ummm. You had sex. No birth control is 100 percent effective. Should’ve had your tubes tied. Smh
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I would do some research and talk to your Dr about how it should of been implanted and how it was in wrong, also get the blood records and visit records. Personally, I wouldnt pursue compinsation bc its just going to probably be more time and effor than needs to be. I got pregnant both times on birth control, first on the pill and second on the depo, both id been on for awhile. I’m not sure if there is a waiting period for the implant but most tell you to wait for 2 weeks for intercourse to allow the medicine to be effective…
No. You can not sue for wrongful life, only wrongful death.
My OB/GYN always told me there is a small % chance of getting pregnant while using BC. So unless there is some documentation that yours was inserted improperly suing will be useless. But of course it never hurts to get advice from a lawyer.
You’re pregnant because you had sex lol.
Birth control is not 100% effective and they state that when receiving it. Can’t sue over it
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I can’t believe how harsh grown adults act. I’m sorry this has happened to you, but also congratulations. If it was intact placed wrong I would seek a lawyer if you feel it’s worth it.
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I got the inplantation and got pregnant it’s not effective for 3 months so no you can’t sue
No because they say in there, there is a chance of pregnancy anyways and you are supposed to use a backup for 3 months
No you can not I’m sure they are protected against stuff like this that’s why you gotta read the fine print sometimes 
I’m not sure your views but you do have options if a baby is not what you need right now just remember that!!
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She is not wanting to sue the BC company because it failed, it’s the doctor that inserted it wrong.
Why is everyone so sue happy these days ? 
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She didn’t get pregnant before birth control, it was after, so yes it is there fault.
learn to read you dumb asses it isn’t her fault.
I got sterilized had 2cm from each tube removed and still ended up pregnant x
No, because birth control isn’t 100% effective. That birth control can slip and it even says that. It doesn’t mean it was placed wrong and there is no way to prove that it was placed wrong and didn’t slip
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There’s always a chance to get pregnant, even with a vasectomy or a tubal. So, no… you can’t sue… just enjoy your surprise little blessing and move on with your life
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This method is 99% effective you could have just been the 1%
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You’re supposed to use a back up contraceptive for 2 month or so, after getting the implant. Your OB should have told you that
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All birth control is not 100%. They leave that small amount so you CANNOT sue them. unfortunately it is what it is. And also, the rod doesnt have a special way to be implanted. It just goes under your skin and your body absorbs its contents.
I’m so sorry people are so rude about all of this. 
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The only thing that is 100% is not having sex. All birth control has a small risk of failing. My friend has tried every method there is…she has 13. Nothing has worked. X
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No birth control is 100%. That’s why they say to use condoms, too. Or other protection. If you were on antibiotics for any reason, that can be the reason you got pregnant.
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Girl, take several steps back. If you know anything about BC then you know no BC is 100%. You’re pregnant because you had sex.
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Why are people calling her names that doesn’t make any sense obviously they didn’t read the post right she saying she didn’t have intercourse before the device was implanted people are calling her names shame on you if you let him read it right you would know what she was saying but honey I wouldn’t be so quick to sue I’m sure there was no hundred percent guarantee that you wouldn’t get pregnant good luck to you and your future baby they will be close in age
No. There’s many reasons it could have failed. First off it’s not 100% effective. Secondly yes the doctor could’ve place it incorrectly but also your body could’ve rejected it which would cause it to shift/ come out. Thirdly there’s many medication interactions which would cause the effectiveness to decrease. Fourthly if you’re overweight the effectiveness decreases. Oh and it’s also not effective for 5-7 days depending on where in your menstrual cycle you had it placed.
You should read this: https://www.merck.com/product/usa/pi_circulars/n/nexplanon/nexplanon_ppi.pdf
Either way a lawsuit is pointless as one will truly never know why it failed as there’s many possibilities and I’m sure you doc/ hospital has pretty good lawyers. 
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If you have a great lawyer, someone with experience and knowledge willing to testify that it was inserted incorrectly, you might stand a chance, but it will be a lengthy process that will have you stressed through this pregnancy.
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If you signed a consent form, you’re basically SOL. It prevents them from being liable for things, and it also states you understand that it’s not 100% effective. I’m sure you were told to use condoms or refrain from sex for x amount of time to make sure it has time to get the hormones balanced and all
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No. The only 100% guarantee to NOT getting prego is well…ya know not doing it. Or getting your tubes tied (and burned). You can TRY but the outcome would just be a waste of time and stress.
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I have this birth control & you sign a waiver saying the risks. Part of them being the rod can break & move… So no you can’t… It’s it if the risks…
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No birth control is 100%…
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Why do some women think just bc they are on birth control a man can still cum inside them??
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Probably just another person trying to find a mistake where there isnt one just to get some money! Sorry not sorry.
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No birth control is not 100%. You can not go after anyone for that.
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Even with birth control working at different percentages- yes you could. Factor would need to be you have proof it was done incorrectly - a diagnoses can only come from a med professional. You would need to hire an attorney. They could explain more to you.
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Well make sure it was inserted wrong first!
Maybe your partner implanted his rod wrong?
As others have said, no contraception is 100% and you’ve even advised to double up on protection when you switch or start on a contraception following a baby.
He should have wrapped before he tapped to make sure.
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So because a pregnancy occurred you want money from it?! Unless you get a total hysterectomy you can get pregnant, or unless you have your ovaries removed… even getting tubes tired they can regrow… i had the rod for about 8 yrs and never had any issues.
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I can’t believe how many times I see this question. Don’t you think every bitch would be rich… You don’t see it and you have to ask bc it’s NOT A THING! Smh…
They tell you when u have it implanted that it isn’t always 100% effective, I got pregnant twice while on pills and I didn’t want to take legal action because it’s never 100%
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sounds like someone just trying to make some money.
people are always trying to find a way to sue someone, when in reality it’s their own fault.
take responsibility like a mother should.
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sounds like someone just trying to make some money.
people are always trying to find a way to sue someone, when in reality it’s their own fault.
take responsibility like a mother should.
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Oh no, you had sex and got pregnant. Get that doctor to turn in their license. Smh. 
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You can’t sue. It would need to be proved that the rod was inserted wrong in the first place, but that would be difficult to prove. Did you wait the alotted time period after having it implanted. Just like normal medication, you cant get something one day and expect it to work by the end of that day. Only way to not get pregnant is not to have sex. Birth control doesnt work for everyone. Nexplanon is not an exception. When ever I start a new bc or start back on it after a while, I always use a back up form of protection. I have my tubes clamped. But I’m still on bc for the periods and its also a back up if the clamps come undone.
Theres no claim that anything is a 100 per cent.J.S.
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You can sue because they are 99% and there is a small chance you can get pregnant. Unless you can prove they pit it in wrong
Ive gotten pregnant on the pill, on the shot, and with the mirena iud… the iud was in place, i would get my shot a week early, and i took the pill every day… BIRTH CONTROL is not 100% affective…
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Also, it depends on when you got it inserted. Nexplanon starts working right away if it was placed within 5 days after the start of your period. If you had Nexplanon placed at any other time during your menstrual cycle, use another method of birth control, like condoms, for at least 7 days, per Seattle childrens. if you didn’t follow these instructions, read the information given to you about the medication, etc…
Think about the message you are sending to your child. You were a mistake. How terrible. Love your baby and move forward.
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You can’t be that dumb. Come on.
You signed a waver before they put it in so therefore you cant 
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It’s really nearly impossible to put that thing in wrong… As long as it’s in your body it releases hormones that you absorb. Unless they braided it into your hair or superglued it on your toenail…
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Um no u cannot. Nothing is 100% and it’s stated. SMFH. And ur sick for even wanting to sue. Try condoms. Geez
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Your OB didn’t go spreading your legs… you made the choice to have unprotected sex! Hahahahaha is this a joke? Stop playing?! 
. I’m sure he explained the details of how birth control works… well hope you’re ready for two babies in diapers. Good luck!
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gonna sue a place because you got pregnant???
Birth control is not 100%
You can still get pregnant.
Next time, do anal. You won’t get pregnant ma’am.
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seems like a lawsuit to me
No sex or anal. LMAO nothing else is 100%
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It’s not a 100% this same tho g happened to me…my first will be 2 next month then my last just turned 1 yesterday and that was the best thing to ever happen to our family…but no you cant sue
No birth control is 100% effective. They tell you this.
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Antibiotics as well as many other medicines will cause birth control not to work at all. And with the implants your supposed to wait 6-8 weeks before having unprotected sex.
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Sarah smfh first off you cant . they give you a paper to read about it before hand and make you sign it… and even tell you no birth control is 100% so you could of been pregnant before hand and it was to early to tell… and they even tell you that the risk it alot higher near the end… I’ve had it now twice and no problems
No you can’t. They can shift and you’re told to feel it and make sure it’s in the correct spot. And birth control it’s self is not 100%.
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I’d speak with an atty, usually free consultation, nothing to lose
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Congratulations on becoming a mom again. Smh sue ur non condom wearing other smh
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Well your pregnant because you had sex somewhere, sometime. Not the dr’s fault. Well next time just say no? Your children are a blessing. So many people want children and can’t have them.
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Mikayla OMFG these comments
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Seriously?! Sounds like you’re looking for an excuse for free money.
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Well, they do tell you that no contraception is 100% and my doctor told me after I got it to not have any sex afterward that resulted in him cumming inside because your body needs to get used to the hormone change.
You’re honestly stupid if you think you can sue because you’re a fool.
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I have one kid and got my tubes completely removed and I still used condoms the most of the time I just don’t have sex because screw that
- I only have one kid and I got my tubes completely removed and I still use condoms though most of the time I just don’t have sex because screw that
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I had a copper IUD, and got pregnant with my second child. I was told by the OBGYN that nothing is 100% effective other than abstinence. And then they told me I should have bought a lottery ticket because the odds are 1 in 10,000.
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Really sex does that not the dr they normally tell females to take take precautions an use protection or dix weekd
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People are so sue-happy these days …
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They do tell you those birth controls are not 100%
I don’t know how suing them would go.
I just had my vasectomy and birth control baby lol. It happens
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Nope. Any kind of bc is not 100%. I had a tubal, and had to sign papers about that. It is permanent, but there could be that small chance.
They also tell you after the implant is put in not to have sex for 4 weeks so that your body has time to adjust to the hormones. Well, they told me anyway. 
I honestly think you’ll just waste money trying to sue them.
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They warn you that it isn’t 100% affective for this exact reason. It covers their arse, and there is no way you would win a lawsuit.
Birth control is not 100%. Shit, even condoms are only 97% effective.
Don’t sue, you’ll waste so much money. Money you can put towards the new baby.
I have PCOS and was told every ear of my teenage life I was only ovulating every 4-6months and wouldn’t be able to have children. I got the shot and was on it for 3 years to stop my period all together. I got PREGNANT at 18, had my son at 19. Then I was on the pill AND had a copper IUD, and had my second son, THEN got the Merina IUD along with the gold ol’ pullout method and got pregnant with my 3rd daughter. I ended up loosing her late in pregnancy and had part of my uterus removed and was told the level of scar tissue I would never be able to have another baby, I was on the Ring and had my 4th baby. I’ve had my tubes tied and had one early miscarriage in 7years. So if it’s going to happen than it’s going to happen. Don’t blame BC. But know suing will only later come out and remind your child how unwanted they were.
You most likely can’t do anything about it. Everyone gets birth control knowing that none are 100% effective.
Sounds like you are one of those people just looking to make money and sue whenever possible. You should have been informed either verbally, or through a pamphlet, that this form of BC is not 100% effective. Knowing that, you chose to take the risk and have sex. So the doctor did nothing wrong. You chose to take the risk and you lost. Deal with the consequences of your own choice, don’t try to pass blame off on others
She put it in wrong and it resulted it bodily damage (aka a baby cave) I’d sue for sure 
Lots of women here thinking you should just accept it. What kick puppys you all must be!
Are you serious right now?! You must have had sex before it kicked in they tell you not to have sex for the first week to let it kick in…
You can not sue the dr. because you got pregnant. Babies are a blessing . Abstinence is the ONLY 100% effective bc.
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When I got my nexplanon I signed a waver saying it’s not 100% you probably did too so unfortunately there’s not a whole lot of room legally
Congrats on your 5M and hopefully you can find a happy solution to your new baby
It’s a blessing don’t look at it like that your baby will have a best friend for life