Who Can File a Paragard IUD Lawsuit?
Legally Reviewed and Edited by: Terry Cochran
If you’re one of the 10.4% of American women who use IUDs as a form of birth control, you expect the device to prevent pregnancy while being safe for your long-term reproductive health. Unfortunately, when companies knowingly design, manufacture, market, and sell defective devices, it can result in significant harm.
Paragard IUDs have been the subject of thousands of lawsuits in the last four years, with women alleging that these contraceptives have caused pain, infections, and long-term damage to their reproductive organs. You may be eligible for compensation if you’re one of the many users who experienced these side effects.
Learn who can file a Paragard IUD lawsuit with the help of our product liability lawyers at Cochran, Kroll & Associates, P.C. We can answer your questions regarding ongoing Paragard IUD litigation, evaluate your situation, and determine if you can launch your own legal action for compensation.
What is a Paragard IUD Lawsuit?
Teva Pharmaceuticals introduced the Paragard Intrauterine Device (IUD) to the United States market in 1984. The brand name has since been taken over by CooperSurgical, which continues to manufacture the device today.
The device is designed to provide long-term birth control without using hormones, such as the pill. It is made of a T-shaped, copper-wrapped plastic frame. The copper layer is toxic to sperm, preventing pregnancies. A properly functioning Paragard device is designed to last for up to 10 years.
Although it was initially marketed as a safe contraceptive device, thousands of women have started legal action against the manufacturers since September 2020. The Paragard lawsuits allege that the use of the device has caused severe injuries and health complications, including:
- Risk of breakage. Most lawsuits argue that the Paragard has a design or manufacturing flaw that makes it prone to breakage, particularly when inserted or removed. The devices may break into shards and fragments that can puncture vaginal and uterine walls, damage internal organs, or remain stuck in the uterus.
Broken Paragard IUDs can cause severe pain, internal bleeding, or infectious diseases like Pelvic Inflammatory Disease (PID). Removing the broken device shards requires costly and extensive surgeries, which carry their own risk of infections and complications. - Risk of migration. While considered rarer than breakages, Paragard IUDs can migrate in some users. IUD migration is a severe risk that can threaten a woman’s life. A properly functioning IUD must remain in place after insertion to be effective at preventing pregnancies.
If it shifts or drifts out of place after insertion, it may fail to prevent egg fertilization while blocking the egg from reaching the uterus. This is known as an ectopic pregnancy, a life-threatening condition with a fatality rate of 9-14%. - Risk of allergic reactions. Some users of the Paragard IUD may be allergic to the device or the materials used to manufacture it. For instance, some women have reported allergic responses due to the copper in the devices, including rashes, irritation, swelling, or pain. Others may experience intense and painful inflammatory reactions due to a foreign object inside the body.
Who is Eligible to File a Paragard Claim?
Who can file a Paragard IUD lawsuit depends on several factors. When evaluating your eligibility, our attorneys will assess the following:
- Can you demonstrate proof of Paragard IUD usage? Establishing usage is crucial; this involves providing documents like medical records or prescriptions that prove you had the device implanted and establishing a timeline to link the device to adverse effects you experienced.
- What specific injuries or conditions have you suffered as a result of the Paragard IUD? You’ll need to show detailed medical evidence that outlines the injuries directly caused by the device. This should include diagnostic records and treatment histories that help substantiate your claims of harm and the severity of these conditions.
- Can you outline the damages incurred? Detailing the financial impact of your injuries is vital for a lawsuit. You’ll need to provide bills for medical treatments, records of lost income due to inability to work, and outlays for ongoing care or therapy to help calculate the compensation you might be entitled to.
- Is your claim within the legal time limits? It’s important to file the lawsuit within the statutory period after discovering the injury. Missing this deadline can legally bar your claim, regardless of the injury’s severity. In Michigan, you have three years from the date of harm or discovery of your injuries to file.
- Was there sufficient warning about the risks of using the Paragard IUD? We need to examine whether adequate information about potential risks during implantation was given. This involves reviewing promotional materials, consent forms, and communications from healthcare providers to see if the risks were downplayed or not fully disclosed.
Legal Grounds for a Paragard IUD Lawsuit
If we determine you’re one of the victims who can file a Paragard IUD lawsuit, we can create a complaint to begin court proceedings. Depending on your situation and the evidence at your disposal, we may build our legal strategy around the following legal basis:
Product Liability
In a product liability claim against the manufacturer, we may assert that Teva Pharmaceuticals and CooperSurgical designed a product they knew, or should have known, was faulty. Our legal strategy depends on establishing that the Paragard IUD is defective and that using it caused you harm, pain, and suffering.
Product liability claims can be broken down into these categories:
| Type of Claim | Description | Example |
| Manufacturing Defect Claim | This claim focuses on defects that occur during the manufacturing process. It aims to prove that the Paragard IUD was not made according to its intended design, making it unsafe for use. | If the IUD broke during removal, the claim might focus on evidence of weakened materials or improper assembly, establishing a direct link between how the defect contributed to your injuries. |
| Design Defect Claim | This claim asserts that the design of the Paragard IUD is inherently unsafe, regardless of how well it was manufactured. The claim argues that the device’s design presents more risks than benefits to users. | The claim could highlight that the device’s tendency to break or migrate is a result of its design, not manufacturing flaws. Evidence might include comparisons with similar devices with safer designs, arguing that a safer design would have prevented health complications. |
| Failure to Warn Claim | This type of claim argues that there was insufficient warning about the risks associated with using the Paragard IUD. It focuses on the adequacy of warnings given to healthcare providers and patients. | Evidence may include the absence of adequate warning labels on the product packaging or insufficient information in prescribing guidelines. Testimonies from medical experts or your doctors could be used to show that they were not properly informed of the risks by CooperSurgical. |
Negligence
In a negligence-based claim, your case’s legal basis rests on the manufacturer’s responsibilities to its customers and proving it acted negligently. To prove a negligence claim, our legal strategy would establish the following elements:
| Element of Negligence | Description | Example |
| Duty of Care | Our lawyers will establish that manufacturers owe a duty of care to all consumers, including you. | We explore industry standards and FDA guidelines to demonstrate what safety measures and quality controls should have been in place during the design, manufacturing, and marketing of the Paragard. |
| Breach of Duty | After establishing a duty of care, we assert that the manufacturer failed to meet these standards. | An investigation might reveal that CooperSurgical’s processes deviated from industry standards or that there were known issues with Paragard’s design that were not addressed, indicating a breach of the expected standard of care. |
| Causation | Demonstrating causation involves linking the breach of duty to your injuries. We need to prove that the manufacturer’s negligence resulted in the complications you experienced. | Our team, including partner attorney and registered nurse Eileen Kroll, can demonstrate how the breach of duty led to the device breaking during use, which caused specific injuries requiring medical treatment. |
| Damages | The final element is to prove that you suffered tangible damages as a result of the negligence. | Evidence will be presented showing medical expenses for treating injuries caused by Paragard, documentation of lost wages during recovery, and statements detailing pain and suffering or loss of enjoyment of life to argue for a comprehensive compensation package. |
Impact of Previous Medical History on Eligibility
When considering a Paragard IUD lawsuit, your previous medical history could affect eligibility. Understanding how pre-existing conditions might impact your case is crucial for effectively pursuing compensation.
- Pre-existing conditions related to reproductive health. Conditions like prior uterine surgeries or chronic pelvic pain can complicate claims; defendants might argue these issues contributed to the complications experienced rather than the IUD itself. To counter this, our attorneys can provide detailed medical records and expert testimony that separate these pre-existing conditions from the injuries caused by the IUD.
- History of allergic reactions to medical devices. Documented allergies to other medical devices or materials can support your claim of an allergic reaction to the Paragard IUD’s copper component. Your attorney can ensure that your medical records document these allergies to establish a pattern that supports your current claim.
- Ongoing medical issues before Paragard insertion. If your records indicate ongoing reproductive issues before the device’s insertion, the defense may use this to argue against the IUD’s impact. To overcome this, your legal team can secure expert medical opinions that differentiate these prior conditions from the complications specifically caused by the Paragard.
How Might the Bellwether Trial Impact Your Claim?
The Paragard IUD lawsuits are currently managed under a Multidistrict Litigation (MDL) arrangement, meaning they have been consolidated to improve efficiency in handling numerous cases that share common factual questions. Until now, no settlements have been decided within this MDL structure.
The first bellwether trial for the Paragard IUD litigation is scheduled for October 28, 2024. A bellwether trial is a test case used in an MDL to gauge a jury’s reaction to the presented evidence and arguments, setting a precedent for resolving similar claims. The outcomes of this initial trial can significantly influence the legal strategies and potential settlements of subsequent cases within the MDL.
For your claim, the bellwether trial’s results may impact both your eligibility to seek damages and the likely outcome of your case. If the trial leads to a favorable outcome for plaintiffs, it could improve the likelihood of settlements in other cases, including yours, based on the precedents set regarding evidence and legal arguments.
What Damages Could You Win in a Paragard IUD Lawsuit?
If you’re considering legal action due to complications from a Paragard IUD, our experienced legal team at Cochran, Kroll, & Associates, P.C. can help you secure the compensation you deserve. We’ll pursue the following damages on your behalf:
- Medical expenses. Compensation covers all healthcare costs related to complications from the Paragard IUD, including emergency medical treatments, surgeries for device removal or to address internal damage, necessary follow-up care, medication costs, and potential future medical expenses.
- Lost wages. Compensates for actual loss of earnings during recovery and treatment periods. It can also cover lost future earning capacity if the complications lead to prolonged disability or an inability to work in the same capacity as before.
- Pain and suffering. Provides compensation for physical pain and psychological suffering caused by the complications. This includes severe pain during and after medical procedures, ongoing discomfort, and mental health impacts like anxiety, depression, and stress.
- Loss of quality of life. Addresses the impact on your lifestyle, including the inability to engage in recreational activities and perform daily tasks and the decreased enjoyment of life. Compensation is based on the severity of lifestyle limitations and long-term consequences.
- Punitive damages. These are awarded in cases where the manufacturer’s actions are proven to be particularly harmful or negligent, such as knowingly distributing a defective product or failing to warn users of known risks. They are intended to punish the manufacturer and deter similar future actions.
Steps to Take Before Filing a Lawsuit
Regardless of the grounds for your claim, following the proper steps and measures before launching legal action can maximize your chances of success. Here’s what you can do before filing a lawsuit and seeking compensation:
- Consult with an experienced lawyer. Schedule an initial consultation with a lawyer or law firm specializing in cases like yours. Your first meeting with a product liability attorney is an opportunity to discuss your situation, ask as many questions as you need, and understand how the legal process works. A knowledgeable lawyer should be able to evaluate the merits of your case and guide you on the next steps to follow.
The product liability attorneys at Cochran, Kroll & Associates, P.C., have helped numerous people in Michigan recover high-value compensation for their injuries. We will use our experience and results-driven track record to ensure the best possible outcome for you. - Gather documents and evidence. Collect and compile as much documentation covering your use of the Paragard device as possible. Examples include medical records for your insertion and removal procedures, proof of complications, surgeries, treatments, and follow-up care. The more documents you can gather, the higher the chances of building a strong case.
You can also include journals and personal records detailing your injuries day by day. If you have photos or imaging scans of your injuries, include them as well. - Conserve proof of product usage. Keep the Paragard IUD packaging, prescription documentation, inserts, and usage instruction booklets. They prove that you were prescribed and used the device. Our team can also review them and demonstrate that your Paragard IUD did not come with adequate safety warnings.
The Legal Process
Understanding how the legal process functions is essential before filing a lawsuit against the Paragard IUD manufacturers. The attorneys at Cochran, Kroll & Associates, P.C., will be at your side and guide you during the entire legal process.
- Filing a complaint. If you qualify for a Paragard IUD lawsuit, our experienced attorneys will assist you in crafting a well-documented complaint. Our team will draft your complaint, ensuring it meets the specific MDL standards and deadlines.
We’ll handle the complexities of the MDL process, focusing on securing the best possible outcome for your case. Through every step, we advocate strongly on your behalf to achieve the compensation you deserve. - Defendant’s response. After filing a complaint, the CooperSurgical defense team must file a response. Depending on the legal grounds of your complaint and our legal strategy, they may file a motion to dismiss or answer each allegation individually. Our team will ensure your case is comprehensive, detailed, and has clear demands to ensure it moves forward.
- Discovery process. If the judge determines your case has sufficient legal grounds, it will enter the discovery process. This critical part of the legal process allows our experienced lawyers to ask crucial questions, request access to CooperSurgical’s internal documents, and make sworn statements.
Our attorneys have extensive experience navigating the discovery phase. You can count on us to form an efficient legal strategy, ask precise questions, and uncover the truth in your Paragard case. - Settlement negotiations and trial preparation. Our team typically initiates compensation negotiations after the discovery phase. We use the information we obtained during discovery to evaluate the situation and negotiate a fair settlement.
At Cochran, Kroll & Associates, P.C., we won’t stop representing you until we win the amount you deserve. If settlement negotiations fall through, we will take your case to trial and argue your case before the MDL court judge.
Contact a Knowledgeable Attorney to File a Paragard Lawsuit
If you have used the Paragard device in the past and suffered injuries or health complications, contact the product liability attorneys at Cochran, Kroll & Associates, P.C., today. We can determine if you are among the people who can file a Paragard IUD lawsuit and represent your case. We’ll assist you during the entire process, from the initial consultation to representation in court.
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.
