The plaintiff, a woman in her 20s, was using an IUD as a form of birth control. After repeated complaints of pain and discomfort, her physicians diagnosed an ovarian cyst and recommended surgery.


During the operation, however, the surgeon discovered that an infection had spread to her fallopian tubes necessitating their removal. (Shortly afterwards the manufacturer of the IUD removed the product from the U.S. market after numerous cases of uterine infection and several related deaths were reported.)[95]