Paragard IUD Lawsuit

Paragard Problems Prompt Lawsuit Investigation

IUDs are some of the most effective contraceptive devices on the market. Paragard is no exception. It is 99.9% effective in preventing pregnancy, and works for up to a decade.

Despite its effectiveness and relative safety, some women have experienced dangerous side effects after getting a Paragard IUD. Paragard T 308A IUD is linked to rare but serious complications, because of this Paragard IUD Class action lawsuits are now starting, with substantial cash claims and payouts expected.

Paragard IUD Lawsuit Update: September 1, 2023 for those who filed Claims:

On August 23, 2023, the Court held a status conference. There are now 2,155 cases pending in MDL 2974.  We expect a steady stream of cases to be filed over the next year.  Judge May recognized that the MDL is growing and at a steady rate.

The agenda included finalizing a bellwether trial schedule, resolving general discovery issues, and discussing the order to show cause process related to individual plaintiffs that have not properly served a fact sheet. 

The Parties requested the Court to set the first trial on October 1, 2024. They also confirmed that by the end of August they would have the 10 bellwether cases selected.

Plaintiffs again expressed concerns with the level of responsiveness of the Defendants in producing documents related to the adverse events reported about the product. At the urging of the Court the Parties worked on a stipulation that addressed some of these issues, however, one of the defendants refuses to agree to the stipulation. Again, this is likely a tactic to slow down the discovery process and delay any future trial. This means the lack of responsiveness by the defendants remains and the Court will need to get more actively involved to resolve the issue.

The order to show cause process on the agenda relates to plaintiff fact sheets. If you recall, the Court entered an order that requires individual plaintiffs, each injured woman who files a case, to produce a fact sheet.  When a plaintiff does not produce a fact sheet or produces a deficient fact sheet, the defendants can move to dismiss a case under the order to show cause process.  Judge May stated that this was an important issue.

She proceeded to lay out a very ridge response to the order to show cause indicating the following:

If a plaintiff fails to follow her order and the defendants request dismissal, the case will be dismissed with prejudice.

In rare instances, a 21-day extension will be granted before a case is dismissed with prejudice.

You may be asking, “what is that legal term – dismissal with prejudice?”  When a legal case is “dismissed with prejudice” the injured person, the plaintiff, is forever barred from bringing a suit for the damages related to the product.  The case ends with no way to recover for the harm done by the defendants.

WHAT DOES THIS MEAN FOR YOUR CASE?

When the time is right and your case is subject to the Court’s fact sheet order, we will need to work together to complete your fact sheet.   We will let you know when that time comes.  You will be invited to Litigation Locker and your personal Case Locker so we can work on your fact sheet together.

Don’t start worrying about it just yet – we have decades of experience and will assist you throughout the fact sheet process.  It will be our goal to follow the Court’s order to avoid any dismissal, but we will need your cooperation when the time comes.

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Paragard Lawsuit Update – February 22, 2022 – Teva Pharmaceuticals and The Cooper Companies have been denied a claim to dismiss all Paragard lawsuits, by Georgia federal court judge Leigh Martin May.

There are currently 876 pending Paragard claims in this multi-district class action, with approximately 100 new cases added every month.  If you haven’t filed your injury claim you still have time, use the questionnaire below to start your claim.

According to the FDA Adverse Events Reporting System Public Dashboard as of 2/22/2022 there are now 43,230 total Paragard injuries reported, including 18,085 “Serious Cases” and 15 reported deaths.

https://fis.fda.gov/sense/app/95239e26-e0be-42d9-a960-9a5f7f1c25ee/sheet/45beeb74-30ab-46be-8267-5756582633b4/state/analysis

There are a number of legal wrangling bits to unpack, but to keep it simple for all readers, the judge said; it would be premature to ask the plaintiffs to make a more definitive statement because of the “unusually complex” situation surrounding the ownership history of the Paragard IUD and the defendants’ corporate structure. But make no mistake BOTH companies will be held accountable for claims including negligence, fraud, warranty breach, failure to warn, strict liability and violation of consumer protection laws.

It’s important to note that if the device suffers from any breakage, either from failure or during removal, some parts may not be seen by the doctor or nurse. When this takes place an X-ray must be performed to locate the broken parts and surgery to remove those parts.

According to the report the following numbers show all adverse reports on the Paragard T 380A Copper IUD.

Number of Total Cases: 40,716

• Device Expulsion – 11,054
• Device Dislocation – 9,240
• Device Breakage – 3,290
• Embedded Device – 1,860
• Device Issue – 335
• Device Deployment Issue – 331
• Device Material Issue – 251
• Device Malfunction – 59

Many of these women are now considering filing Paragard IUD lawsuits against the maker of Paragard, Cooper Surgical. If you experienced some of the rare, yet serious side effects of Paragard, contact a member of our legal team today. You may be entitled to financial compensation. 

Paragard Side Effects List

Most women who choose the Paragard IUD for contraception experience minimal side effects with the device. As with all drugs and medical devices, there are possible risks associated with Paragard.

Common side effects of Paragard include:

• heavier and longer menstrual cycles
• bleeding between periods
• pain
• cramps  

Serious Complications of Paragard

In rare cases, women have experienced serious side effects with Paragard. These potential side effects can be painful and even life-threatening. 

Perforation

Paragard has the potential to perforate the uterine wall. This can result in pain and may require surgery to correct. It also makes the device less effective and can result in unintended pregnancy. Perforation usually occurs during insertion and may not be detected right away. It can also occur if the device migrates. Women who are lactating are at increased risk for this potential complication. 

Pelvic Inflammatory Disease

IUDs like Paragard are associated with an increased risk of Pelvic Inflammatory Disease (PID), a serious complication that can lead to death if not diagnosed and treated promptly. PID is an infection of the female reproductive organs. It can have serious consequences if not treated, including damage to the fallopian tubes leading to ectopic pregnancy or infertility, hysterectomy, sepsis, and even death. 

Symptoms of PID include: 

• Lower abdominal or pelvic pain
• Odorous discharge
• Unexplained bleeding
• Fever
• Genital lesions or sores

Expulsion

There is a risk that Paragard may be expelled from the uterus, which makes the IUD less effective and could result in unintended pregnancy. A healthcare provider may need to take x-rays if Paragard is no longer found in the uterus. The IUD must be removed if expulsion occurs. 

About Paragard IUD

Paragard was one of the earliest intrauterine devices (IUD) used for contraception introduced to the market in the United States. It earned US Food and Drug Administration (FDA) approval in 1984 and was sponsored, at the time, by the Population Council, a nonprofit headquartered in New York City that conducts research to address critical health and development issues for the world’s most vulnerable populations.

Paragard is still the only copper IUD on the US market. It is a small, T-shaped device that is inserted into the uterus by a healthcare provider to protect against pregnancy for up to 10 years. It is a non-hormonal device, unlike other IUDs like Mirena. Instead of hormones, Paragard contains a copper coil that interferes with the movement of sperm and prevents sperm from reaching an egg. No fertilized egg means no pregnancy. 

Paragard Lawsuits Forming

Schmidt National Law Group is researching possible Paraguard lawsuits against Cooper Surgical over the potential risks of this IUD.

If you have the Paragard IUD and experienced serious side effects, such as expulsion, perforation, or pelvic inflammatory disease (PID), give us a call today to speak with a member of our legal team. We will go over your potential case and help answer your questions. Call 800-631-5656 now.

Paragard IUD Class Action lawsuits page updated for IUD breakage on September 1, 2023