Nexplanon Lawsuits Surge in Federal Courts as Women File Claims Against Merck
Nexplanon lawsuits are gaining momentum in federal courts as women injured by the birth control implant file claims against Merck. The litigation focuses on product liability, specifically failure to warn and design defect.
Since its FDA approval in 2011, over 11 million women worldwide have used Nexplanon. However, a significant number of users reported injuries not fully disclosed in the original product warnings.
The lawsuits center on serious risks tied to the device, including implant migration, nerve damage at or near the insertion site, and intracranial hypertension. Plaintiffs argue that Merck knew or should have known about these risks but failed to properly disclose them.
As of September 2026, there are 18 pending Nexplanon/Implanon lawsuits, with more than 50 additional Implanon cases still being evaluated for filing. The pace of case filings has increased in 2026, with women who experienced implant migration or pseudotumor cerebri now within their statute of limitations window.
Bellwether trials are expected to set the tone for broader settlements. These test cases will tell both sides how a jury might respond, usually pushing the defendant toward settlement talks. Discovery is ongoing in several cases, with plaintiffs' lawyers requesting internal Merck documents and communications related to what the company knew about these risks.
Qualification for the Nexplanon lawsuit depends on documented injury linked to the implant, medical records, surgery or emergency care, and being within your state's statute of limitations. Women who had the implant inserted and experienced problems may still qualify if their injury is documented and falls within the legal timeframe.