About Paragard Lawsuits
- Thousands of women have suffered minor to severe injuries from a broken or fractured Paragard IUD, such as infertility, sepsis, internal bleeding, perforated uterus or cervix, and pelvic inflammatory disease.
- Paragard lawsuits allege the manufacturers failed to warn doctors and patients of the risks of device breakage, and that there’s a design and/or manufacturing defect.
- A defective medical device attorney can walk you through your legal options, determine the value of your Paragard lawsuit, and get you compensation for a wide range of damages.
Why Hire CSS For Your Paragard Lawsuit
Each year, women rely on the use of the Paragard IUD as a form of birth control. They put their trust, and health, into the hands of the device’s current and former manufacturers who marketed the IUD as safe and effective. However, our team of defective medical device attorneys has seen firsthand through the numerous women we’re representing that Paragard carries risks of injuries that the manufacturers didn’t adequately communicate. While some victims have suffered minor Paragard injuries, far too many have experienced life-changing and permanent damage, and we’re fighting for the compensation they deserve. Our Atlanta-based law firm represents women in all 50 states in the Paragard IUD multidistrict litigation (MDL) filed in the U.S. District Court of Georgia, and CSS founding partner C. Andrew “Andy” Childers serves as the Plaintiffs’ Liaison Counsel for the MDL.
Defective product lawsuits are complex and require the help of a lawyer who’s handled similar cases. At Childers, Schlueter & Smith, our Paragard attorneys specialize in this area of law and understand the evidence needed to reach fair settlements and jury verdicts when manufacturers fail to design and sell safe products. We have the resources to ensure negligent companies are held accountable for the injuries their products cause. Our experience and compassion for those who have suffered a Paragard IUD injury can help ensure you’re compensated for the full impact of the device breaking before or during removal.
If you’ve been injured by a broken or fractured Paragard IUD, the defective medical device attorneys at CSS can help. Contact us online or call 1-800-641-0098 for a free consultation.
Types of Paragard IUD Injuries
Despite the advantages of the device, women who have filed lawsuits against the former and current Paragard manufacturers, Teva Pharmaceuticals and CooperSurgical, claim that they were not properly warned about a critical side effect – device breakage. There have been minor to serious and permanent injuries when the device failed in this way before or during removal.
The more serious injuries from a broken or fractured Paragard IUD include:
- Ectopic pregnancy
- Sepsis
- Pelvic inflammatory disease
- Infertility
- Perforated uterus
- Perforated cervix
- Organ damage
Some patients say they suffered symptoms of copper toxicity after insertion of Paragard, but there are differing opinions in the medical community as to whether the level of copper in the device is high enough to cause toxicity. However, there is evidence that it could worsen Wilson’s disease, a disease that affects copper excretion.
Sadly, some plaintiffs who have filed Paragard lawsuits can no longer get pregnant due to the damage the device caused when it broke before or during removal. Many women who were injured by a Paragard IUD have said they would have chosen a different device had they known of the risks.
Why Are Paragard Lawsuits Being Filed?
In 2021, the U.S. Food and Drug Administration (FDA) added the Paragard IUD to their Adverse Event Reporting System. In the following years, reports of Paragard breaks continued as red flags were raised, but there were no changes to the design or updates to the prescribing information. Since the FDA’s reporting system for the IUD opened, a total of more than 6,000 people reported device breakage.
Many of the women who were injured when the copper IUD broke inside their bodies before or during removal have filed Paragard lawsuits. They allege there is a design and manufacturing defect, and that they weren’t adequately warned of the risks of device breakage when it’s removed. Paragard lawsuits further claim Teva Pharmaceuticals and CooperSurgical are negligent because they marketed the IUD as safe, despite knowing it was defective.
The current prescribing information for Paragard lists “device breakage” in the adverse events section but fails to specify how often it happens or the cause of the breakage. Instead, it only notes that “breakage of an embedded Paragard during non-surgical removal has been reported.”
Plaintiffs claim the IUD’s arms are inflexible, causing them to break when being removed; instead of flexing upward, the arms can break, causing fragments to remain in the uterus or embed in parts of the body. Removing broken pieces of the Paragard IUD can be extremely difficult and carries additional risks. Some plaintiffs who filed Paragard IUD lawsuits had to undergo invasive surgeries to retrieve the fragments, others can no longer have children, and many continue to experience health problems. Defective device lawsuits seek compensation for damages and injuries from Paragard IUDs, including medical bills, and pain and suffering.
Paragard MDL
Teva Pharmaceuticals and CooperSurgical are far from the first IUD manufacturers that have faced mass tort lawsuits – widespread personal injury cases that allege the same or similar defects caused harm. Often, they become class action lawsuits or are moved to multidistrict litigation to avoid tying up courts across the country with similar cases, and the Paragard litigation has followed suit.
Due to the number of Paragard lawsuits filed, cases were consolidated into multidistrict litigation in December 2020. The MDL moved the discovery phase and pretrial proceedings to one court, the Northern District of Georgia, presided over by Judge Leigh Martin May.
By the end of July 2024, there were 2,774 cases in the Paragard MDL. The first bellwether trial is scheduled for the end of October 2024, but it may be postponed to 2025. It was initially scheduled for early 2024.
Unlike class action lawsuits where one or more plaintiffs represent the whole class and the settlement must be accepted or jury verdict is applied to everyone involved, plaintiffs in MDL maintain their individual cases. This means that if a plaintiff in the Paragard MDL doesn’t want to accept a settlement offer, they may choose to pursue their own case and go to trial if negotiations for a fair settlement aren’t reached. But, in general, previous defective device MDLs show the majority of, if not all, plaintiffs accept settlements.
Childers, Schlueter & Smith can look at the details of your potential Paragard lawsuit free of charge. Give us a call at 1-800-641-0098 or contact us online to discuss your potential case. We are only pursuing breakage/fracture claims against Paragard at this time.
About Paragard IUD
Paragard is one of five intrauterine devices available approved for use in the U.S., and the only non-hormonal alternative. Paragard prevents pregnancy by releasing small amounts of copper that create inflammation, stopping sperm from being able to fertilize eggs. Other IUDs like Mirena, Kyleena, Liletta, and Skyla contain the hormone levonorgestrel. Paragard is also the only IUD that has been approved by the U.S. Food and Drug Administration for more than three decades.
Courtney Benedict, associate director of Medical Standards Implementation at Planned Parenthood Federation of America, said Paragard is considered to be the most effective form of emergency contraception because it “reduces the risk of pregnancy by 99 percent up to five days after having unprotected sex, and can remain inserted for up to 12 years.” Despite these claims, women continue to be injured by Paragard.
Side Effects of Paragard
As we’ve explained, some of the most severe injuries associated with broken Paragard IUDs are ectopic pregnancy, sepsis, pelvic inflammatory disease (PID), embedment, perforation of the uterine wall, and full or partial expulsion of the IUD.
Paragard can also lead to many minor and more serious side effects, including:
- Anemia
- Extended menstrual flow
- Menstrual spotting
- Pain and cramps
- Backache
- Vaginitis
In addition to side effects, there are risk factors for complications with Paragard use. Although many women will not have problems with Paragard, those with certain conditions may be more at risk for developing serious complications. These conditions include:
- Blood clots in deep veins or lungs
- PID in the last year
- Diabetes or severe anemia
- Issues with blood that doesn’t clot
- Two or more sexually transmitted diseases within the past two years
- Ovarian cancer
- History of tubal infection
- Uncontrolled cervical or vaginal infection
- Uterus position far forward or backward in the pelvis
- History of infertility
Filing a Lawsuit for Paragard Injuries
Women have devastating injuries from broken Paragard IUDs, and some have suffered irreparable damage like infertility or other lifelong health issues. A Paragard lawsuit can seek compensation for medical bills, lost wages, emotional distress, pain and suffering, future medical costs, loss of consortium, and more.
Anyone injured by one of these devices should speak to a personal injury attorney experienced with medical device litigation and consider filing a lawsuit. Childers, Schlueter & Smith is highly involved in these cases. One of our founding attorneys, Andy Childers, was appointed liaison counsel in the Paragard IUD MDL. We know what’s needed to get a successful outcome, and are here to help.
Paragard lawsuits require the collection of extensive evidence, including the type(s) of injuries and when they occurred, and details of the treatments and procedures needed to remove fragmented pieces of the IUD. The defective device lawyers at CSS are ready to assess your case, determine the value of your Paragard lawsuit, and walk you through the legal process and intricacies of multidistrict litigation.
We’re confident in the strength of Paragard lawsuits, that the manufacturers were negligent because they failed to warn of certain risks and that there was a design and/or manufacturing defect. If your Paragard IUD broke or fractured before or during device removal, contact us online or at 1-800-641-0098 for a free consultation today.
CSS is only pursuing breakage/fracture claims against Paragard at this time, the rest of the information is for educational purposes only.
Frequently Asked Questions
The types of injuries from broken or fractured Paragard IUDs range from minor to severe, such as pelvic inflammatory disease, perforated uterus, ectopic pregnancy, internal bleeding, sepsis, and even infertility. Further injuries and permanent damage may occur when fragmented parts of the Paragard IUD are embedded in the body, requiring invasive surgeries.
Some in the medical community believe that the levels of copper contained in Paragard are not sufficient to cause toxicity; however, it could worsen a rare condition called Wilson’s disease, which affects copper elimination from the body. Copper toxicity, though rare, can occur in other situations unrelated to the Paragard IUD. The current lawsuits do not involve cases of copper toxicity.
Since no Paragard lawsuits have settled or received jury verdicts yet, the exact amount these cases are worth is unknown. The type and seriousness of injury will affect the value of each claim.
If your injury is related to your use of the Paragard IUD, you should speak to a personal injury attorney experienced with medical device litigation and consider filing a lawsuit to recover monetary damages. Paragard lawsuits have been consolidated and are currently pending in multidistrict litigation in the U.S. District Court for the Northern District of Georgia.
Childers, Schlueter & Smith can look at the details of your potential Paragard IUD breakage or fracture claim, free of charge. Give us a call today to discuss your potential case. If you would prefer, you can also submit a request on our contact page. Provide as much information you feel is necessary, click submit, and we will be in touch after review.
There is no Paragard class action, but after an influx of lawsuits alleging similar injuries from the IUD, cases were consolidated into multidistrict litigation in December 2020. As of July 2024, there were 2,774 lawsuits in the Paragard MDL.
Due to the number of similar cases, thousands of plaintiffs are part of the Paragard MDL, and the first test trial (bellwether trial) is scheduled for October 2024, though this may be delayed again. Paragard settlement offers are expected during MDL proceedings.
