Paragard IUD Lawsuit Settlement Amounts (2024)
Legally Reviewed and Edited by: Terry Cochran
As a consumer, you trust medical device manufacturers to make safe and effective products. Unfortunately, sometimes, these companies knowingly market and manufacture products that can cause serious harm.
Beginning in September 2020, lawsuits were filed against Teva Pharmaceuticals and CooperSurgical for unsafe ParaGard IUDs that can break inside women, causing serious injuries. If you were a victim, filing a lawsuit can help you recover compensation for medical expenses, pain and suffering, and lost wages.
Our qualified product liability lawyers at Cochran, Kroll & Associates, P.C. can represent your interests in a Paraguard IUD claim. We’ll help you seek a Paragard lawsuit settlement amount that reflects your losses and holds the negligent manufacturers accountable for their actions.
What is a Paragard IUD, and Why is it Potentially Dangerous?
The ParaGard IUD is a non-hormonal intrauterine device designed for long-term birth control. It consists of a small, T-shaped plastic frame that is wrapped in copper wire and is inserted into the uterus by a healthcare provider. The copper wire releases ions that create a toxic environment for sperm, preventing fertilization.
The copper ions released by Paragard create a toxic environment for sperm, preventing fertilization. It is effective for up to 10 years, making it a popular choice for those seeking a long-lasting birth control method without hormones.
However, there are potential dangers associated with the Paragard IUD. Concerns mentioned in recent lawsuits include:
- Device breakage. Many lawsuits allege that Paragard has a design or manufacturing flaw, making it prone to breakage. Broken fragments can tear or perforate the uterine and vaginal walls, damage internal organs, or remain inside the uterus. This can cause intense pain, bleeding, and infection, leading to conditions such as Pelvic Inflammatory Disease (PID). Removing broken pieces often requires extensive, costly surgeries.
- Risk of migration. Although less common than breakage, IUD migration is another concern. If the device moves out of place, it may become ineffective, increasing the risk of unintended pregnancy.
A migrated IUD can also cause an ectopic pregnancy, a life-threatening condition where a fertilized egg implants outside the uterus. Emergency surgery is often required to address this issue, adding to the physical and emotional burden on the user. - Allergic reactions and inflammatory responses. Some users have reported allergic reactions to the copper or plastic components of the IUD. Additionally, the presence of a foreign object in the uterus can trigger an inflammatory response, potentially causing chronic pain and discomfort.
- Insertion and removal complications. The process of inserting and removing the IUD can sometimes cause complications such as uterine perforation, expulsion of the device, or severe cramping and bleeding. These complications can lead to further medical interventions and impact the user’s quality of life.
Current Legal Landscape of Paragard IUD Lawsuits
Since the first lawsuits were filed in 2020, numerous other women have initiated lawsuits against Teva and CooperSurgical, manufacturers of the Paragard IUD. On December 16, 2020, all Paragard lawsuits were consolidated under a Multidistrict Litigation (MDL) and will be heard by Judge Leigh Martin in the Northern District of Georgia.
The lawsuits are brought under product liability claims, focusing on design defects, manufacturing issues, and failure to warn users about the risks. Although no cases have been decided yet, the first trial is scheduled for October 28, 2024. This trial will be significant in determining potential IUD lawsuit settlement amounts and providing a clearer path forward for other women considering legal action.
Is This a Class Action Lawsuit?
ParaGard IUD lawsuits are consolidated into an MDL, which differs from a class action lawsuit. In an MDL, similar cases are grouped together to streamline the legal process, but each case remains individual. This means each plaintiff’s situation is considered separately, and Paragard lawsuit settlement amounts or judgments are based on the specifics of each case.
A class action combines all plaintiffs into a single case with a collective settlement divided among the members. The MDL process helps manage numerous similar lawsuits more efficiently while preserving the individual nature of each claim.
How Settlements for Paragard IUD Lawsuits Work
Understanding how settlements for ParaGard IUD lawsuits work can help you know what to expect throughout the legal process and set realistic expectations. Here’s a breakdown of the key steps involved in securing a settlement:
- Filing a claim. You start by filing a lawsuit against the manufacturers, Teva Pharmaceuticals and CooperSurgical, alleging that the ParaGard IUD caused your injuries.
- Case consolidation. Your case will be grouped with similar cases in the MDL litigation, helping streamline the legal process.
- Discovery phase. Your attorneys at Cochran, Kroll, & Associates, P.C. engage in discovery, where both sides exchange information and evidence. This may include medical records, expert testimonies, and other relevant documents.
- Settlement negotiations. We may be able to negotiate with the defendant’s legal team to settle before going to trial. This often involves mediation or arbitration.
- Bellwether trials. Settlement amounts in MDLs depend on the results of bellwether trials. These trials predict outcomes and potential compensation for other cases in the MDL with similar evidence.
- Settlement offers. If the bellwether trials are favorable to plaintiffs, defendants may offer settlements to resolve multiple cases. Each plaintiff’s settlement amount is determined based on individual factors such as the severity of injuries and medical expenses.
Settlement Amounts in Other Product Liability Cases
Your settlement for Paragard IUD damages will be based on your damages and the bellwether cases. However, awards in other product liability cases may demonstrate how much the Paragard IUD compensation could be.
For instance, in 2017, an MDL case was settled against Mirena, another IUD product for women. In this case, the manufacturer, Bayer Pharmaceuticals, agreed to pay out $12.2 million to settle approximately 4,600 cases specifically for organ perforation and device migration.
In many other product liability cases, such as the 3M earplugs lawsuit, payments were organized in a tiered structure according to the severity of each claimant’s hearing loss and injuries. If a tiered structure is adopted, it could divide each case based on whether your injuries are considered severe, moderate, or minor. In 2018, 3M agreed to pay $9.1 million in an out-of-court settlement.
Similarly, hernia mesh products produced by Atrium and Ethicon caused severe complications, such as infections, adhesions, and organ perforation. Although there are no public trial awards as of 2024, another company, C.R. Bard, recently saw jury awards for $500,000 and $4.8 million in MDL cases.
Calculating Your Potential Paragard IUD Lawsuit Settlement Amount
If you are eligible to file a Paragard IUD lawsuit, our attorneys at Cochran, Kroll & Associates, P.C., can help you estimate your possible compensation award. If you’re wondering how much is my Paragard claim worth, we’ll assess the following to calculate a fair amount that covers your losses:
Current and Future Medical Expenses
Economic damages are one of the most important factors in your settlement estimate. In a product liability case such as a Paragard lawsuit, this means calculating all current and future medical expenses related to your injuries and pain caused by the device. These costs include:
- ER visits. Costs related to immediate care and emergency treatment of the complications, such as immediately after the device broke and caused injuries.
- Hospital visits. All expenses associated with in-patient care, hospital room charges, nursing care, and other hospital services.
- Surgeries. The costs of surgical procedures include removing device shards, repairing internal damage, treating infections, anesthesia, and other post-operative care.
- Diagnostics and imaging. Expenses related to diagnosing and determining the extent of your complications include ultrasounds, X-rays, MRIs, CT scans, blood tests, and other infection diagnostics.
- Medication. Doctors or caregivers may have prescribed medication to manage pain or control infections. All current and future expenses you made to purchase these medications may factor into your medical expenses.
Lost Wages and Future Earning Capacity
Many women who were injured by the Paragard device or had to receive treatment to remove shards and fragments are unable to work or earn a living. The device’s impact on your financial and professional life can include:
- Time off work. For every day you spend in the ER, undergoing surgery, or seeking medical treatment, you may have lost an opportunity to work and earn a living. We can help you seek compensation for wages you missed out on due to medical care or recovery from Paragard-related procedures or complications.
- Changes or reductions in work tasks. The pain, suffering, and complications related to the injuries have made certain work tasks more challenging or impossible. For example, you may have had to request lighter tasks or a shorter work schedule to manage the pain.
Our product liability lawyers can help you estimate your losses by examining your pay stubs, evaluating your current income, and estimating how much you could have earned without your injuries. - Long-term career impact. Severe complications may have impacted your career in the long term. The prolonged absences or new physical limitations may have caused you to miss promotions, training courses, or development opportunities. In extreme cases, you may even have lost your previous job or had to switch careers, impacting your future earning capacity.
We will work with economic experts to assess the full amount of damages you’re owed for missed work opportunities or a change of career and include it in your settlement.
Long-Term and Permanent Disabilities
Paragard IUD device failures can cause a wide range of long-term complications and permanent disabilities that can severely impact your quality of life. A lawsuit can compensate you for the long-term pain and suffering caused by these complications:
- Chronic pain. Device breakage and migration can cause ongoing pain that interferes with daily activities and overall well-being. Compensation can help cover medical treatments and pain management therapies.
- Infections and pelvic inflammatory disease (PID). Broken fragments or a migrated IUD can lead to severe infections and PID, which can cause chronic pelvic pain, infertility, and other long-term health issues. A lawsuit can help you recover costs for medical treatments, antibiotics, and surgeries.
- Infertility. Complications from device failures, such as PID or uterine perforation, can result in permanent infertility. A settlement can compensate you for the emotional and financial costs of infertility treatments or adoption.
- Organ damage. Perforation of the uterus or other organs can lead to significant internal injuries, requiring extensive medical interventions and surgeries. Your recovery award can help cover the expense of these procedures and ongoing medical care.
Non-Economic Damages
In addition to the quantifiable losses you experienced due to the Paragard device, our experienced product liability attorneys at Cochran, Kroll & Associates, P.C., can evaluate the extent of your non-economic damages. We’ll calculate the compensation you are owed for the emotional and psychological impact of your Paragard injuries, including:
- Pain and suffering. Although pain is challenging to quantify, our legal team will use all available evidence to substantiate the extent of your pain and suffering.
We can include acute and chronic pain resulting from the damage and demonstrate it with medical records, pain diaries, medical expert opinions, and other documentation. The more well-documented your pain is, the better the chances of recovering a higher settlement amount. - Mental and emotional suffering. Our team can also seek compensation for your anguish, emotional distress, and mental disorders resulting from the injury. This can include conditions such as anxiety, depression, chronic stress, or post-traumatic stress disorder (PTSD) related to medical procedures.
- Loss of enjoyment of life. Chronic pain, discomfort, and emotional suffering can make even the simplest daily tasks needlessly difficult. Regular treatments and surgery can also be a major financial burden, forcing you to give up on daily activities, hobbies, or social events.
Our attorneys will fight for compensation to address your loss of enjoyment of life, recognizing the effect of the IUD’s complications on your ability to enjoy daily activities and relationships.
Reasons to File a Paragard IUD Lawsuit
If you suffered injuries or experienced medical complications after a Paragard removal procedure, you may be wondering whether a lawsuit is worth it. It’s understandable to have concerns; legal action can be a long and stressful procedure, and it can be years until the case is resolved.
At Cochran, Kroll & Associates, P.C., we believe that all victims should consider participating in the ongoing Paragard litigation. Here’s why:
- Receiving fair compensation for your losses. Suing the manufacturers of a defective IUD like the Paragard allows you to receive fair compensation. With the assistance of a skilled attorney from Cochran, Kroll & Associates, P.C., you can be compensated for all your losses, helping reduce the financial burden and supporting your recovery process.
- Holding the manufacturers accountable. Legal action against Paragard manufacturers holds them responsible for the injuries they cause, giving closure to victims and potentially making their products safer in the future. Litigation can drive internal or mandated changes, resulting in companies addressing design or manufacturing flaws, improving product safety, and encouraging corporate responsibility.
- Raise awareness for other victims. Suing the Paragard manufacturers can raise awareness about the device’s potential risks to other people. When others see that they are not alone and that there is already litigation pending, potential victims may become aware of their legal options and feel empowered to take action. It could also help women looking for an IUD device to carefully research their options and ask questions to avoid potentially dangerous products.
Why You Need to Act Quickly
You have a limited timeframe to file your case in a product liability claim. Although the Paragard IUD lawsuits are consolidated into an MDL, the statute of limitations for your claim will be based on the state where the damages occurred. In Michigan, you have just three years to file your claim from when you were harmed or discovered the harm.
There are additional reasons to act quickly when filing a product liability claim. These include:
- Preserving evidence. The effectiveness of your legal claim heavily depends on the availability and integrity of evidence. Filing early improves your ability to gather and protect essential evidence like medical records and witness statements. Evidence collected soon after the event is typically more reliable and easier to obtain, which can make a difference in the strength of your case.
- Ensuring timely medical treatment and documentation. By taking legal action quickly, you can better manage your medical care and ensure that all treatments and injuries are well-documented. This documentation provides concrete evidence of your injuries and their impact on your life, supporting your claim in court.
- Accelerating financial relief. Filing your lawsuit sooner can lead to quicker financial compensation, which is critical for covering medical costs, compensating for lost wages, and handling other expenses related to your injuries. Early financial relief can alleviate stress and financial burdens, allowing you and your family to focus on recovery without the added pressure of financial constraints.
Do You Need to Work With an Attorney?
Partnering with an experienced attorney is good advice before initiating legal action. The Paragard IUD team at Cochran, Kroll & Associates, P.C., has experience handling similar product liability cases and is ready to assist you. When you choose our team to represent you, we provide you with the following:
- Assistance with the legal process. Filing a lawsuit and navigating the necessary procedures can be daunting, especially in major product liability cases like the Paragard MDL. Our attorneys will help you file all the required paperwork and collect the documents and evidence needed to build a strong case.
We can also minimize filing errors, ensure you file paperwork and forms on time, and help you understand each step of the process so you can make the best decisions. - Experience in similar cases. Our team has years of experience handling other product liability and medical malpractice cases. Our combined expertise means we are fully prepared to represent you in a medical device liability case like a Paragard lawsuit.
We have helped numerous other victims obtain favorable verdicts and recover the compensation they needed. - Access to medical experts. Our law firm has extensive experience dealing with cases in the medical sector. It allowed us to build a strong network of medical experts and professional caregivers. We can obtain expert opinions and informed testimonies to help strengthen your Paragard case and increase your chances of recovering a fair settlement.
Our senior partner, Eileen Kroll, is an experienced attorney with a background as a registered nurse. Her combined knowledge of Michigan law and the healthcare sector allows her to handle numerous medical malpractice and product liability cases. She can review the specifics of your case and help you evaluate how much you’re owed for your Paragard IUD case. - Maximizing your compensation amount. We stand up for your interests at Cochran, Kroll & Associates, P.C.. We will evaluate the full extent of the damages, injuries, and losses caused by the Paragard device, from medical expenses to pain and suffering. We are ready to represent you, negotiate, and argue your case in court until you win the highest possible settlement amount.
- Compassion and peace of mind. In addition to representing your interests, our legal team at Cochran, Kroll & Associates, P.C., can provide emotional support. Leave the legal matters and complexities to us while you focus on recovery and healing. We will communicate with the opposing side on your behalf and keep you informed and prepared as your case progresses.
Contact An Attorney and Learn if you Qualify for a Paragard IUD Lawsuit
If you were injured, underwent surgery, experienced chronic pain, or suffered losses after using the Paragard Intrauterine Device (IUD), you deserve fair compensation. The product liability attorneys at Cochran, Kroll & Associates, P.C., can help you file a lawsuit and join the ongoing MDL. Our team will evaluate your case and calculate your potential Paragard lawsuit settlement amount.
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.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.