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Paragard IUD Lawsuits

mirena iudParagard IUD is a popular contraceptive device that thousands of women had implanted in their uterus. Paragard lawsuits are being filed over a design defect. This defect is causing many Paragard IUD devices to dangerously fracture during the process of removal. 

Women who were seriously injured when their Paragard IUD fractured during removal are now bringing Paragard IUD lawsuits against the device manufacturer and will be entitled to financial compensation.

January 14, 2022 Paragard Lawsuit Update: The Paragard class action lawsuit is growing quietly and quickly.  There are now 732 lawsuits in the MDL. 

December 2, 2021 Update: Over the summer, the two big defendants in the Paragard lawsuits, Teva Pharmaceuticals USA Inc., CooperSurgical Inc., filed a motion to dismiss based on federal preemption. A hearing on the motion. Based on comments at the hearing and subsequent proceedings in the MDL it seemed highly unlikely that the judge intends to grant the motion. Instead, she seems much more interested in getting the first bellwether trials scheduled.  Last month, rejected the defendants’ preemption defense. What does this mean?  It means this litigation is full steam ahead. 

[September 22, 2021 Update: The MDL class action was created, in spite of Teva's attorneys protestations.  All Paragard IUD cases in federal court are now transferred to Northern District of Georgia under Judge Leigh Martin May.  That judge heard a motion to dismiss all of Paragard class action cases yesterday.  Paragard's lawyers are fighting over every little detail in this litigation, fighting MDL transfer of individual cases on the thinnest of reeds.  Our lawyers do not believe the MDL judge will seriously entertain this motion which argues that federal law preempts all of the plaintiffs' state court claim.  We will know the answer soon.]

[September 20, 2021 Update: There is a hearing tomorrow in the MDL class action to dismiss all the pending federal Paragard lawsuits.  Plaintiffs' lawyers are vigorously fighting this motion.  If the defendant's motion fails, as our attorneys suspect, it will be full steam ahead with this litigation. This will hopefully lead to a Paragard settlement that provides compensation for all victims in the this IUD class action.]

About the Paragard IUD

Paragard is an intrauterine device (IUD) that is used by women for long-term birth control. The Paragard is manufactured by Teva Pharmaceuticals and has been around since the late 1980s. The Paragard IUD device has a specially designed copper coil connected to a plastic base. The device is implanted in a women's uterine cavity.

Once inside the body, the copper coil on the Paragard slowly dissolves over 10 years. The release of small amounts of copper particles effectively blocks fertilization by preventing sperm from reaching the egg. The Paragard IUD has proven very effective at birth control, but the device has been plagued by various problems over the years.

Paragard IUD Fractures During Removal

Like all IUD devices, the Paragard IUD is designed to be removable from the woman's body at any time. The Paragard is supposed to remain fully intact during usage and the removal process. It has recently been discovered, however, that the Paragard IUD has a design defect that causes the device to fracture inside the woman's body during removal.

The Paragard IUD device has a special removal thread that hangs down from the base of the device into the woman's vagina. When it is time to remove the Paragard, the doctor is supposed to locate this thread and simply pull the device out. The base of the Paragard device has two T-shaped arms which hold the device in place. These arms are made of a flexible type of plastic that is supposed to bend upwards to enable the device to be pulled out through the cervix.

In many cases, however, the flexible plastic in the arms at the base of the Paragard appears to get brittle and hard after years inside the body. As a result, the arms do not flex upward like they are supposed to when doctors attempt to remove the IUD. When this happens on or both of the plastic arms of the Paragard IUD often fracture and break off into fragments inside the woman's body.

What Injuries Do Fractured Paragard IUDs Cause?

When the Paragard IUD fractures during removal, the fragmented arms of the device that break off inside the woman's body can cause various internal injuries. The fragments of the Paragard arms usually end up embedded in the uterine wall, which can cause extreme and chronic pain. In many cases, the arm fragments eventually puncture through the wall of the uterus and end up impacting other organs. This can cause several very serious health problems including:

What Are the Treatment Options for Fractured Paragard IUDs?

Once the arms of the Paragard IUD break off inside the woman's body it can be extremely difficult to safely remove them. The first option is to attempt to locate and remove the fragments with a hysteroscopy procedure. This involves the insertion of a small endoscopic device with a camera through the cervix and into the uterine cavity in the hopes of removing the broken pieces of the Paragard. However, if the fragmented pieces have become embedded in the uterine wall already, hysteroscopic removal will usually not be possible.

The only other options for removal of fragmented Paragard pieces are: (a) surgically opening the uterine cavity (similar to a C-section), or (b) performing a hysterectomy (which will leave the woman permanently infertile).

Can You File a Lawsuit if Your Paragard IUD Fractured During Removal?

Yes. If you had a Paragard IUD and it fractured during the removal process you may be entitled to financial compensation for any resulting injuries. The Paragard IUD is NOT supposed to fracture and harm patients during removal. This is the result of a clear design defect in the Paragard IUD and the manufacturer will be fully liable.

Have Paragard IUD Lawsuits Already Been Filed?

The fracturing of the Paragard IUD has already prompted many lawsuits against the device's manufacturer. Currently, there are around 60 individual Paragard fracture lawsuits pending in the federal court system. All of these cases involve the same basic allegations: that the Paragard IUD had a design defect that caused it to fracture inside the body during removal.

Is there a Paragard IUD Class Action Lawsuit?

A "class action" MDL (multidistrict litigation) for the Paragard IUD fracture lawsuits is probably going to officially happen before the end of the year. A group of Paragard IUD plaintiffs has already filed a motion asking the Judicial Panel on Multidistrict Litigation (JPML) to consolidate all pending and future Paragard IUD fracture cases into a new MDL. This request will most likely be granted in December. (Teva's lawyers are arguing that there are not enough cases and this entire litigation as been trumped up by victims' mass tort lawyers who are trying to make a buck.)

Many Paragard victims want to know that they have to do to bring a lawsuit.  They often imagine a very different process than reality.  Mostly likely, victims need to fill out this form and wait until there is a global Paragard settlement.   

How Much Will Paragard Lawsuits Be Worth?

It is way too early in Paragard fracture litigation to know with any degree of certainty how much these cases might be worth. We can, however, make cautioned estimates about the possible value of Paragard lawsuits based on settlement amounts in prior mass tort cases involving similar claims.

The settlement value of individual Paragard cases will vary depending on how seriously the plaintiff was injured as a result of the device fracturing during removal. If a global settlement is reached in the class action MDL, Paragard lawsuits will be ranked into "tiers" according to the severity of the plaintiff's injuries.

The top settlement tier will include plaintiffs who suffered permanent, life-altering injuries when the Paragard device fractured. This could include permanent infertility (in younger plaintiffs) or serious infections. Cases in the lower settlement tiers will include plaintiffs who only suffered pain and discomfort, without permanent injury.

Injury LevelSettlement Range
Tier 1$100,000 - $200,000
Tier 2$25,000 - $75,000
Tier 3Under $25,000

Not to beat a dead horse but, again, these numbers are completely speculative. These numbers assume that these would be the most lucrative mass tort IUD product liability claims in history.

Contact Miller & Zois About Your Paragard IUD Lawsuit

If you had a Paragard IUD device that broke or fractured during the removal process (or while implanted) you probably have a valid claim for financial compensation. 

Our medical device injury lawyers can help get your Paragard case filed before it's too late. Call us today at 800-553-8082 or contact us online. Our Paragard IUD lawyers are looking for women who had a Paragard fracture and resulting injuries occurred within the last 4 years.

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