Paragard IUD Lawsuit
The Paragard Intrauterine Device (IUD) has been on the market since 1984 to safely prevent pregnancies. However, numerous lawsuits have been filed against the manufacturer of the Paragard device since 2020, alleging that it has a design flaw that causes it to break even when removed by a professional.
The consequences of a Paragard device breaking include intense pain and suffering, internal organ damage, bleeding, and a risk of infection. As a result, numerous Paragard users have had to undergo ER visits, surgeries to remove device shards, and pain medication prescriptions.
If you or a loved one has been injured while using the Paragard IUD, you may be entitled to compensation for your damages. Contact the experienced product liability lawyers at Cochran, Kroll & Associates, P.C., to find out if you are eligible for a Paragard IUD lawsuit.
- Paragard IUD Lawsuit
- What is a Paragard IUD?
- Paragard IUD Injuries and Complications
- Why are Women Filing Paragard IUD Lawsuits?
- Current Paragard Copper IUD Lawsuits
- Do you Qualify for the Paragard Lawsuit?
- Filing a Paragard Lawsuit: What You Need to Know
- Paragard Settlement Amounts
- Get a Free Consultation with a Paragard IUD Attorney
- Additional Resources
- FAQs
What is a Paragard IUD?
A Paragard IUD is an Intrauterine Device (IUD) made by CooperSurgical. It’s a form of long-term birth control that’s placed inside the uterus to prevent pregnancy. The device is made of plastic and wrapped with a thin layer of copper, which interferes with sperm mobility and prevents fertilization.
Unlike other IUDs that release hormones, Paragard is hormone-free and relies solely on its copper component for effectiveness. It is designed for long-term use and can remain in place for up to 10 years. Paragard must be both inserted and removed by a healthcare professional.
Paragard IUD Injuries and Complications
The Paragard IUD has been associated with various complications and injuries. These issues can sometimes lead to serious health concerns for users, including the following:
- Device migration. The Paragard IUD may shift position within the uterus, potentially leading to perforation of the uterine wall or migration into the abdominal cavity. This can result in complications like ectopic pregnancies and require surgical intervention to correct.
- Difficult removal. The IUD can become embedded in the uterine wall, complicating its removal. Removing the IUD often requires a more invasive procedure or surgical removal to extract the device safely.
- Increased bleeding and pain. Users may experience more severe menstrual cramps and heavier or prolonged menstrual bleeding than usual, affecting their quality of life.
- Risk of infection. The process of inserting the IUD can introduce bacteria into the uterus, increasing the risk of infections such as pelvic inflammatory disease. If left untreated, this can lead to further reproductive health issues.
Why are Women Filing Paragard IUD Lawsuits?
Women are taking legal action against the manufacturers of the Paragard IUD, citing injuries caused by a design flaw. The claims target Teva Pharmaceuticals, the original maker, and CooperSurgical, which took over the brand in 2017.
These lawsuits argue that both companies continued producing, marketing, and selling the Paragard despite knowing it could be unsafe. If you were harmed by a Paragard IUD device breaking or causing damage to your reproductive organs, seek legal counsel with one of the Paragard attorneys at Cochran, Kroll & Associates, P.C.
Our team can assess your situation, advise you on your legal rights, and help you pursue compensation for the harm this defective product has caused.
Current Paragard Copper IUD Lawsuits
As of May 2024, lawsuits against Teva Pharmaceuticals are still ongoing. Below is a brief history of major Paragard IUD lawsuit updates.
- October 9, 2023. The first bellwether case trial date has been delayed from March 4, 2024, to October 28, 2024. While a full trial in 2024 is now unlikely, Teva Pharmaceuticals could still offer a global settlement amount before that date.
- April 3, 2024. In 2022, following an investigation by Spotlight on America, the FDA inspected the CooperSurgical plant in Buffalo, NY. During its investigation, the FDA raised concerns over breakage rates and the manufacturer’s failure to determine their causes. Since the investigation, CooperSurgical reportedly has not made any moves to address the agency’s concerns.
- April 26, 2024. In a new Paragard lawsuit filed directly into the MDL, Mendez v. Teva Pharmaceuticals, the Washington state plaintiff claims the Paragard IUD broke during a removal procedure in 2021. She is seeking compensation for pain, suffering, disfigurement, and mental anguish.
- May 1, 2024. 36 new Paragard IUD cases have been transferred to MDL, increasing the number of pending cases to 2,651.
- May 9, 2024. A new Paragard lawsuit has been filed into the MDL in Georgia through a short-form complaint. After a removal procedure in 2022, the plaintiff claims one of the copper arms of the IUD device broke and remains inside her body.
Is There a Paragard Class-Action Lawsuit?
On September 22, 2021, all Paragard IUD lawsuits were transferred to the Northern District of Georgia into a Multidistrict Litigation (MDL) under Judge Leigh Martin. The main difference between an MDL and a class action is how it affects litigation.
- Class-action lawsuits. A typical class-action lawsuit is a single lawsuit filed by different people for similar or identical claims. Class-action lawsuits usually have a single representative or lead plaintiff.
- Multidistrict litigation (MDL). A multidistrict litigation case like the Paragard MDL consolidates multiple individual lawsuits into one court. This helps make the pre-trial and discovery processes more efficient and expedites potential global settlement talks.
Under an MDL, lawsuits remain separate, each with its plaintiffs and lawyers. For victims of Paragard IUDs, you can launch an individual lawsuit and seek specific damages with a qualified Paragard lawyer from Cochran, Kroll, & Associates, P.C.
Do you Qualify for the Paragard Lawsuit?
Wondering if you qualify for a Paragard IUD lawsuit? If you meet the following basic criteria, you may be able to file a product liability claim for your medical bills, lost wages, and other losses. Here’s a checklist to determine if you may qualify for a Paragard lawsuit:
- Proof of use. You can prove you’ve used the Paragard IUD with medical records or prescriptions.
- Documented injuries. You have clear medical documentation of your injuries or health complications connecting them to the Paragard IUD.
- Actual damages. You have evidence of physical, emotional, or financial damages from complications associated with the device.
- Inadequate warnings. You can demonstrate that you were not adequately informed about the IUD risks.
- Timing of use and injury. Your injuries occurred while using the IUD under the management of Teva Pharmaceuticals or CooperSurgical.
Filing a Paragard Lawsuit: What You Need to Know
If you have been injured during the removal process of a Paragard IUD, you can take steps to collect evidence and build a strong case. Here’s what you need to do:
- Gather evidence of device failure. You must demonstrate that your Paragard IUD failed, resulting in injuries, pain, or damage during removal. Evidence and documentation that can help you include:
- Detailed photographs of the damaged or broken device after removal
- X-rays or imaging scans showing pieces of the device or evidence of injuries
- Medical reports detailing the extent and severity of your injuries due to the device’s failure, including doctor’s notes, surgeries, and medical prescriptions
- Documentation of treatments and medical expenses associated with these injuries
- Personal journals, adverse event reports, and logs documenting your symptoms, pain levels, or the ways the injuries have affected your personal life
- Witness testimonies from nurses, OB/GYNs, and other healthcare providers who assisted you during the removal process
- Opinions from medical experts regarding the device and how its design or manufacturing flaws could have resulted in breakage
- Evidence, the manufacturer failed to provide adequate warning of the risks associated with using Paragard IUD, such as a lack of warning notices
- Consult a qualified attorney. Contact an attorney specializing in IUD or medical device litigation in your area. Cochran, Kroll & Associates, P.C., has a team of attorneys dedicated to the Paragard IUD case.
Our senior partner and medical malpractice litigation specialist, Eileen Kroll, is a registered nurse with experience in a surgical intensive care unit. Her knowledge of law and healthcare allows her to review your medical records and represent your interests with the care and efficiency you deserve.
During the initial consultation, we will help you determine if you have a case and check whether you are within the statutes of limitations. If you were a Michigan resident during your removal procedure, the 3-year statute of limitations on personal injury cases applies. - File a lawsuit. After the initial consultation, our Paragard IUD lawyers will help you draft a complaint detailing your allegations against the manufacturers. Depending on your circumstances, we will file it in a Michigan state court or the MDL in the Northern District of Georgia.
Our team will assess the extent of your injuries, ongoing expenses, and total damages, then estimate the appropriate compensation amount. We may also recommend witnesses or medical specialists to obtain additional evidence or expert opinions, helping you strengthen your case further.
Paragard Settlement Amounts
The Paragard IUD lawsuits are still in progress; currently, no settlements have been finalized. The amount of any potential settlement depends on individual factors specific to your case. When calculating your settlement award, your attorney will consider the following:
- Severity of your injuries. We’ll look at the severity of your injuries, including their long-term effects on your health and whether they require ongoing medical treatment.
- Medical expenses. We consider all past and anticipated costs for treatments, surgeries, and rehabilitation related to your injuries.
- Lost wages and future earning potential. Our attorneys assess any income you’ve lost due to your inability to work and the impact on your future earning capacity.
- Emotional distress. We can help you seek compensation for the emotional and psychological suffering resulting from your injuries.
- Lifestyle impact. We’ll evaluate how your injuries have affected your daily life, including limitations on activities and reduced quality of life.
Get a Free Consultation with a Paragard IUD Attorney
If you have been injured by a broken Paragard IUD or had to undergo surgical procedures because of it, speak with our knowledgeable attorneys at Cochran, Kroll & Associates, P.C.
Our legal team has the experience and resources to handle medical device lawsuits in Michigan. Contact us today for a free case review—we can help you launch a Paragard IUD lawsuit with the support, guidance, and compassion you deserve and help you win compensation for your losses.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
Additional Resources
- Original FDA approval letter for Paragard IUD (November 15, 1984)
- Fractured copper intrauterine device (IUD) retained in the uterine wall leading to hysterectomy: A case report (2021 Pubmed report)
- Official Northern District of Georgia page on the Paragard IUD multidistrict litigation case (MDL case 2974)
- United States Judicial Panel transfer order regarding the case
FAQs
What is the primary defect in the Paragard IUD?
The most common issue experienced by users of the Paragard device is breakage during removal. As the device breaks, it can leave shards inside the body, potentially perforating internal organs and causing infections.
How much will it cost to file a Paragard IUD lawsuit?
At Cochran, Kroll & Associates, P.C., we work exclusively on a contingency fee basis. You only pay us if we obtain a settlement or win your case in court, meaning filing a Paragard lawsuit has no financial risk to you.
What are some common Paragard IUD compensation amounts?
As of May 2024, the Paragard litigation is ongoing, and potential compensation amounts have not yet been determined. Compensation can occur in one of two cases: if the manufacturer agrees to settle or by court order after the case goes to trial.
Was the Paragard IUD recalled?
Despite an FDA investigation in 2022, neither the federal government nor the manufacturer has issued a recall of the Paragard IUD. Despite the potential risks, the device is still on the market. Consult your doctor before making any healthcare decision, including selecting the right intrauterine device for you.
How do I participate in Paragard litigation?
Contact the product liability attorneys at Cochran, Kroll & Associates, P.C. to review your case and determine if you can launch a lawsuit. If you qualify, we will guide you through the process and represent you until you obtain the compensation you deserve.
Can I still sue if I use Paragard but experience different issues?
You may be able to recover compensation even if your Paragard didn’t break during removal but failed or did not function as intended. For example, if your device migrated and you needed emergency surgery to prevent an ectopic pregnancy, you may qualify for a lawsuit. Contact our law firm for a free, confidential case evaluation.