Teva Pharmaceuticals designed and marketed the Paragard copper IUD. This intrauterine device is made from copper and serves as a long-lasting method of birth control that doesn’t involve hormones.
The contraceptive device has been known to fracture, leaving the arms behind during explant. The women who have been affected by this all allege that this design flaw and the subsequent breakage led to serious health complications.
The Paragard IUD has become the subject of multidistrict litigation due to the hundreds of claims filed by women who experienced injuries when the IUD broke during the removal process. Updates regarding the lawsuits and our speculation on potential settlement amounts for Paragard lawsuits will be announced here.
In This Article
Paragard Lawsuit Updates
July 18, 2022
There are now 1,246 active pending cases in the Paragard MDL. New and transferred lawsuits totaled 51 for the 30-day period between June 15 and July 15. The finalized plaintiff fact sheets have now been approved by the judge.
Plaintiffs have been given 120 days to complete and submit the forms with supporting documentation. Since May, 86 new cases on average have been added monthly.
July 8, 2022
No new orders have been docketed and no new claims have been filed.
July 1, 2022
The record speed of new filings for the Paragard IUD MDL has slowed considerably. Finalized plaintiff fact sheets still have yet to materialize, nothing of interest happened at the June 21 status conference, and no new cases have been added.
As the movement of Paragard MDL lawsuit additions crawled along at a snail’s pace in during the past two years, it became the hot ticket in mass torts between mid-May and June 15. A whopping 177 new cases were either transferred into the federal MDL or newly filed during this time, resulting in a total pending case count of 1,195.
No clear reason is known at present for the sudden case influx this summer, but it may be due to filings that have been held in check for a while by lawyers waiting to see some positive movement.
There are now 1,121 Paragard lawsuits. The pace of filings and litigation is beginning to slow which could begin to set the stage for settlements. Bellwether trial preparations continue.
Only two new lawsuits were added in April to the MDL, and only five new lawsuits appeared during the first half of May. This may be an indication that most of the women who have been harmed by breaking Paragard IUDs have already lawyered up.
Next week is the status conference for the month. The MDL could surpass 1,000 lawsuits if new claims are filed at the current rate.
The Honorable Leigh Martin May is holding a status conference on the MDL for Paragard on March 22, 2022. The pending case number will be updated and will account for lawsuits in both state courts and the MDL.
Defense attorneys are expected to update the judge on the plaintiffs’ document requests. An update on the proposed fact sheets is also expected. Just about 900 Paragard lawsuits are now included in Multi-District Litigation.
A ruling on a discovery dispute regarding the proposed plaintiffs’ fact sheets is expected soon in the Paragard MDL. Attorneys for the defense objected to parts of the fact sheet and a hearing was held regarding those objections in late January.
There are 736 pending cases in multidistrict litigation involving Paragard IUDs. The judge presiding over the MDL held a status conference on December 14.
Several matters were discussed including the status of incoming cases and related incoming cases transferring into the MDL.
Paragard IUD Information
Paragard is a popular birth control method used for contraception in women. It can last for around 10 years and has proven to be an effective long-term solution for preventing pregnancy. The intrauterine device also called an IUD is made from copper and a plastic frame, fashioned into a Y-shape that measures no larger than a quarter.
A doctor implants the IUD in the uterus and comes equipped with a removal cord that hangs down from the cervix and into the vagina. When it is time for an IUD to be removed, a doctor simply pulls the cord. However, Paragard has been affected by numerous problems.
The plastic arms become rigid over time. The once-flexible arms have broken off and left sharp plastic pieces behind inside the patient’s uterus in a large number of cases.
Injuries Caused by Fracturing Paragard IUDs
The fragmented pieces left behind when the IUD is removed can result in internal injuries and severe pain. These plastic arms can embed in the uterine wall, sometimes resulting in a puncture that leads to the injury of other organs. Serious health complications resulting from fractured Paragard IUDs include:
- Severe and chronic abdominal pain and cramping
- Uterine infections
- Ectopic pregnancy
- Pelvic inflammatory disease (PID)
- Vaginal bleeding
- Perforation of the uterus
- Internal migration to other organs
Failure to Warn of Risks
The class action lawsuit will address the defective nature of the IUD, but there is another component. Plaintiffs allege that the dangers of the product were well known by the defendant and they failed to warn doctors and patients of these known hazards and risks.
There were over 2,000 separate reports of IUD breakage between the years of 2009-2021, yet the defendant never explained or warned consumers or doctors that the Paragard could cause severe injuries to women due to its tendency to fracture en Utero during explanation.
The Invasive Treatment Options for Fractured Paragard IUDs
There are few options for the removal of the broken plastic pieces from the uterus. It has proven to be particularly difficult to remove these pieces safely and generally requires invasive medical intervention. A procedure called a hysteroscopy involves the insertion of an endoscopic camera.
A doctor moves the device through the cervix into the uterus. The device helps the doctor to see where the broken pieces are so that an attempt at removal can be made. Removal in this way is usually impossible when the pieces are embedded in the uterus.
If this is the case, only two other options exist to remove the Paragard pieces from the woman’s body. She can either be opened surgically to expose the uterus, or she will undergo a hysterectomy.
Neither procedure is pleasant, as the former is akin to a Cesarean section, and the latter renders the woman permanently unable to bear children.
Is There a Class Action for Paragard Injuries Yet?
As of now, there’s no class action. However, numerous attorneys have filed lawsuits for Paragard injury victims, and these current lawsuits have been consolidated into multi-district litigation (MDL). When many people have the same complaint about the same product, the result can be classified as an MDL.
An MDL allows all the plaintiffs to retain their own attorneys and have their injuries and damages addressed individually. This is because individual damages can vary greatly in such cases, and each woman can have the opportunity to collect the damages that are unique to her situation.
How Much Will a Paragard Lawsuit Lawyer Cost?
Hiring a lawyer to sue for your Paragard injuries will usually cost nothing out of pocket. The personal injury attorneys involved in this type of litigation generally accept cases on a contingency fee basis. They take the case and do not take any payment unless the claim is won or a settlement is reached.
They then charge a percentage of the award or settlement package, generally between 33-45% of the case, depending on the complexity of the matter. This pays for the attorney fees and provides the added benefit of knowing that your lawyer is motivated to secure the maximum amount of financial compensation possible on your behalf.
Court fees may or may not be included in this amount, but the lawyer pays for everything upfront. A reputable lawyer will ensure that you understand the fee agreement and will disclose all the potential expenses in a written contract.
What Can I Get in a Paragard Settlement?
The numbers are currently speculative since things are still progressing through the legal system, however, lawyers are asking for the maximum financial compensation to cover damages to include:
- Medical costs incurred by the fractured IUD
- Lost wages for any time missed due to treatment and recovery for the injuries
- Pain and suffering
- Emotional distress
As with any personal injury case, pain and suffering damages are usually proportional to the severity of the injury and overall disruption to your life.
Estimated Paragard Lawsuit Settlement Amounts
This is extremely speculative and subject to change because there just isn’t enough information available yet to make any guarantees. However, based on the results of past mass litigation cases with relatively similar circumstances we can make a reasonable estimate.
In MDL cases, tiers are usually assigned based on the severity of the damages. So, a woman who had minimal complications would be assigned to Tier III, while a woman who had to get a full hysterectomy may be assigned to Tier I.
The potential settlement for these individuals based on the results of prior mass tort case global settlement amounts could look like this:
|SettlementTier||Estimated Settlement Amount|
Once again, this is purely an assessment of the available information we have at this time. The settlement amounts in previous cases don’t necessarily guarantee the same global settlement results for the Paragard lawsuits.
Do I Qualify to File a Paragard Lawsuit?
You might be wondering if you are eligible to file a Paragard lawsuit and who exactly will qualify to take part in the global settlement process. There are a few requirements that must be met:
- You are a woman who either had the Paragard IUD in the past or have one currently
- You had a complication or breakage during the explant of a Paragard IUD
- If you are scheduled to have your Paragard removed in the future, you can still be evaluated by a lawyer for the possibility of compensation.
If you believe you are having problems related to the removal of a Paragard IUD, it’s important to contact a Paragard lawsuit lawyer to learn more about your options. Early contact with an attorney can help you to remain informed about the progression of the Paragard settlements and preserve your rights to collect.
Is There a Paragard IUD Recall?
There is no current recall on the Paragard T 380A in 2022. However, a specific batch was previously recalled due to causes unrelated to breakage.
What Are the Legal Grounds for Suing the Companies Involved in the Paragard Breakage Issue?
Teva Pharmaceuticals and CooperCompanies are the defendants who are currently being sued for damages resulting from the fracturing of Paragard IUDs. Four claims are currently being made in defective drug lawsuits against these companies. They are:
Cooper and Teva designed the instrument and should have known that the design of the IUD was faulty. They knew its design posed a foreseeable risk of breakage during removal. If they had designed better products, the plaintiffs wouldn’t have been injured.
It could be argued that the IUD’s substandard manufacturing resulted in the product becoming brittle and fracturing during the removal process. Had the manufacturing been better, the plaintiffs would not have been harmed.
Drug makers and manufacturers must warn doctors and patients of potential risks and hazards known to exist in the product. The FDA has classified the Paragard IUD as a drug.
The packaging of the IUD didn’t offer instructions for safe removal of the product, not did it offer any warning of breakage.
Women have stated that if they had been informed of the risk that the IUD could fracture upon removal, they would have declined the Paragard copper IUD in favor of a different product. The manufacturer didn’t provide adequate information or warning and could be held liable for injuries.
A plaintiff involved in a Paragard IUD lawsuit can argue that Teva and Cooper were negligent. A duty of care was owed to the patient who used their birth control device. They were derelict in their duty by providing an IUD that breaks during the removal process. The patients suffered painful medical consequences, severe injuries, and side effects.
Contact a Paragard Lawsuit Settlement Attorney Today
Contact Zanes Law to review your Paragard IUD case at no cost. There is no risk or obligation to learn more about your legal options. You may be entitled to financial compensation if a broken Paragard IUD caused you to become injured.
Our dedicated professional legal team can review your claim, answer questions and help you to determine eligibility.