What Injuries Are Linked to Paragard IUD Failure?
Legally Reviewed and Edited by: Terry Cochran
Intrauterine devices (IUDs) have been a trusted method of birth control for women since the early 1900s. The Paragard IUD, introduced in the late 1980s, offers long-term protection for up to 10 years.
While marketed as a safe, long-term contraceptive, some women have encountered Paragard complications during its removal, resulting in fertility issues and tissue damage. These experiences have sparked numerous lawsuits against the manufacturer, with affected individuals seeking compensation for their injuries.
If you’ve suffered complications from a Paragard IUD, consult with the experienced product liability attorneys at Cochran Kroll & Associates, P.C. We can review your claim, evaluate your damages, and help you get the compensation you deserve.
What Makes the Paragard IUD Defective?
The Paragard IUD is a widely used, hormone-free contraceptive that uses copper to prevent pregnancy. While it is a favored option for those seeking long-term birth control, the device may present some concerns.
Its design is under scrutiny because it sometimes breaks during removal. This issue is linked to its construction and materials—the IUD features thin, rigid copper arms that can become brittle over time, causing them to break upon removal.
When it breaks, fragments can embed in the uterine wall, complicating the removal process. These challenges have raised concerns about the safety and dependability of the Paragard IUD.
What Injuries Are Due to Paragard Complications?
Common injuries due to Paragard IUD failure often occur when the user visits their provider to have it removed. The following Paragard complications can result in long-term injuries to the uterus, cervix, and other reproductive organs:
Injury | Description | Long-Term Effects |
Internal Bleeding | Occurs when the IUD causes tears or cuts during removal. | May lead to shock, severe anemia, or require surgical intervention. |
Severe pain | Intense discomfort or pain, often related to IUD misplacement or movement. | Can diminish quality of life and may need ongoing pain management. |
Organ Damage and Perforation | Occurs when the IUD perforates the uterus or nearby organs during insertion or removal. | Potentially requires surgery for repair and may impact organ function. |
Damage to the Uterus | Refers to any physical damage to the uterus caused by the IUD. | May result in scar tissue formation or require surgical repair. |
Pelvic Inflammatory Disease (PID) | An infection of the reproductive organs often exacerbated by IUD complications. | Can cause chronic pelvic pain, scarring, and increased risk of ectopic pregnancy. |
Infection | Bacterial or viral infections can arise from IUD insertion or presence. | Can escalate to more serious infections if not treated promptly. |
Pregnancy Complications | Includes ectopic pregnancy and other issues affecting pregnancy due to the IUD. | May negatively affect fertility or result in the need for medical termination of pregnancy. |
Infertility | The inability to conceive can be a consequence of complications from the IUD. | May be irreversible, requiring assisted reproductive technologies for pregnancy. |
Pseudotumor Cerebri (PTC) | A rare condition characterized by increased brain pressure, sometimes linked to copper exposure from the IUD. | Could lead to vision problems and headaches, and may need medication or surgical treatments. |
Treatment for Failed IUD Removal
If you experience complications of the Paragard IUD, you may require further medical intervention to protect your well-being and minimize harm. Treatments can include:
- Manual extraction. Performed by a healthcare professional using specialized tools if the IUD is partially expelled or accessible.
- Hysteroscopic removal. Used when the IUD is embedded in the uterine tissue or not visible, this procedure uses a camera for guided removal.
- Surgical intervention. Required in situations where the IUD has caused serious complications, such as perforation or deep embedding in the uterine tissue.
- Antibiotics. Prescribed if there is an infection associated with the IUD.
- Pain management. Includes medications or other methods to manage pain associated with the removal process.
- Monitoring. Follow-up appointments to monitor for further complications or residual effects.
The Psychological Impact of Paragard Complications
In addition to physical injuries, the emotional toll of injuries resulting from Paragard IUD complications can affect your mental health and well-being. Psychological effects associated with these injuries include:
- Anxiety and stress. Women may experience persistent anxiety and stress due to concerns about future fertility and ongoing health issues. A 2023 review found that 44% of women who struggle with infertility have double the risk of mental health issues such as anxiety and depression.
- Body image issues. Physical changes or scarring from complications may negatively affect how you perceive your own body. This can decrease self-esteem and confidence, impacting daily life and social interactions.
- Depression. Chronic pain or the long-term health consequences from IUD complications can lead to symptoms of depression. Research has found that the prevalence of depression in people with chronic pain can be as high as 49%.
- Loss of trust in medical devices. Experiencing complications can cause women to become skeptical about using medical devices or seeking certain medical treatments in the future. This distrust can lead to avoidance of necessary medical care, potentially worsening health issues.
- Post-traumatic stress disorder (PTSD). In severe cases, the trauma of undergoing emergency surgeries or intense medical interventions can trigger PTSD. This condition can cause persistent anxiety, flashbacks, and emotional distress, severely impacting mental health and quality of life.
- Impact on relationships. Complications from IUD removal can strain personal relationships, especially if they affect sexual health or fertility. This tension may cause emotional distance, misunderstandings, and conflicts, potentially destabilizing the relationship.
Paragard IUD Lawsuit: Seek Compensation for Your Injuries
Individuals who have suffered injuries linked to the Paragard IUD have filed lawsuits against CooperSurgical, the current manufacturer, and its predecessor, Teva Pharmaceuticals. These lawsuits allege that the companies violated product liability laws by designing a defective device and failing to adequately warn users about the associated risks.
Due to the large number of cases, lawsuits related to Paragard IUD complications were consolidated into multidistrict litigation (MDL) in 2020 (Case 2974). This consolidation is intended to streamline the legal process, allowing for a more efficient handling of pretrial proceedings, such as discovery and motions.
As of August 2024, there are 2,774 pending lawsuits against Paragard, with the first trial expected to take place in October.
Can I Still File a Paragard IUD Claim?
If you believe you have a claim against Paragard, you can file to join the MDL if it’s within your state’s statute of limitations. In Michigan, you have three years after the harm occurred to file for damages due to a defective product.
Our attorneys at Cochran, Kroll, & Associates, P.C., can guide you through filing your claim. When you visit us for a free consultation, we’ll review your case to determine if you have a valid claim and are within the filing timeline. If you decide to proceed with a lawsuit, your attorney will draft a complaint to submit to the MDL court in Georgia.
How Is MDL Litigation Different From a Standard Product Liability Claim?
Unlike a standard product liability claim, where each case is handled separately, an MDL groups similar cases together while keeping them individual. This means your Paragard IUD claim will benefit from shared resources and a streamlined process, but the court will independently evaluate your specific circumstances and injuries.
The MDL process can lead to quicker resolutions, but each case is judged on its own merits. So what does this mean for you?
- Direct access to broader evidence. In an MDL, evidence collected from one case can be used in others, giving your lawyer access to a variety of data and testimonies. This could include expert analysis and documented side effects, which might be less readily available in a standalone lawsuit.
- Custom evaluations for better outcomes. Each claim, including yours, is evaluated based on its unique merits within the MDL framework. Your specific health impacts and personal experiences determine the compensation rather than applying a generalized standard.
- Efficiency without sacrificing detail. Consolidating cases in an MDL reduces repetitive procedural steps like discovery and pretrial hearings. This approach can accelerate your case timeline while ensuring a thorough examination of your claim.
- Uniformity in legal rulings. With a single judge overseeing related motions, legal standards are applied consistently, which minimizes the risk of procedural delays and creates a more efficient journey through the legal system.
- Improved negotiation leverage. Being part of a larger group of similar cases can increase the pressure on the manufacturer to settle, potentially leading to more favorable settlement terms for your specific claim.
What Damages Can You Win in a Paragard IUD Lawsuit?
A Paragard IUD lawsuit allows you to seek compensation for economic and non-economic damages caused by the device. Your attorney at Cochran, Kroll, & Associates, P.C. can seek to include the following in your Paragard IUD settlement:
Type of Damage | What It Covers | Evidence Needed |
Medical Expenses | Costs for treatment of complications like device breakage or migration. |
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Lost Wages | Income lost due to recovery from IUD-related surgeries or health issues. |
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Pain and Suffering | Compensation for physical pain and emotional trauma from complications. |
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Loss of Consortium | Damages for the strain on personal relationships due to health complications. |
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Future Medical Costs | Projected costs for ongoing care, including potential surgeries or therapy. |
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Exemplary Damages | Sought to compensate the victim for the negligence and wanton behavior of the defendant. Exemplary damages in an MDL are based on the laws of the state where the case was filed. For example, in Michigan, these damages are awarded for malicious behavior or willful disregard for others’ safety. |
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Why Choose Cochran, Kroll, & Associates, P.C. for Your Case?
Selecting the right legal representation can affect the outcome of your case. At Cochran, Kroll, & Associates, P.C., we bring the experience and dedication needed to protect your interests and secure the financial compensation you deserve.
- Skilled in product liability litigation. Our law firm has a proven track record of successfully taking on major manufacturers, including pharmaceutical giants and medical device makers. By leveraging our understanding of product liability law, we’ve secured millions in financial compensation for our clients.
- MDL and class action experience. We have expertly handled numerous multidistrict litigation and class action suits, including high-profile cases involving defective medical devices and consumer products. Our strategic approach ensures your voice is heard and your unique circumstances are fully represented.
- Skilled negotiators. Our attorneys excel in negotiation, consistently securing substantial settlements before trial, including recent multi-million dollar awards. These settlements help alleviate the emotional and financial strain on you and your family, offering the support you need to rebuild your life.
- Proven trial experience. Our team has a strong court record, including a recent $15.8 million jury award in a personal injury case. Our demonstrated ability to advocate effectively on your behalf is a powerful asset that can provide you with peace of mind.
- Medical expertise. Eileen Kroll, a nurse and partner attorney at our firm, brings a unique blend of medical knowledge and legal acumen to Paragard IUD cases. Her medical background enables Eileen to interpret and analyze complex medical details and patient histories, strengthening our ability to advocate effectively for clients facing issues with medical devices.
- Multilingual legal support. Our team features multilingual attorneys who offer thorough communication and support to clients from diverse backgrounds, including those who speak Arabic and French. This inclusivity enables us to serve a wider community, ensuring all clients fully understand their legal proceedings and remain actively involved in their cases.
Protect Your Health and Financial Future With Cochran, Kroll, & Associates, P.C.
When companies market and sell medical devices, they have a duty to ensure their products are safe and effective. When they fail in this duty of care, those harmed deserve compensation.
If you’ve been affected by Paragard complications, our experienced team at Cochran, Kroll, & Associates, P.C. is ready to advocate for the compensation you deserve. We have the expertise and resources to represent your claim and fight for a fair recovery award 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.
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.