Our lawyers are handling Paragard lawsuits in all 50 states. This page is about the Paragard class action lawsuit for injuries during the removal of this IUD. Our attorneys discuss predictions of the settlement amounts victims may recover in these lawsuits.
Paragard IUD is a popular contraceptive device that thousands of women have implanted in their uterus. Paragard lawsuits are being filed over a design defect. This defect has led to a Paragard class action that will likely soon have 1,000 plaintiffs. These victims allege their Paragard IUD devices fractured, leading to complications. Specifically, victims generally allege the IUD broke at the arms of the device during explant.
These women who were seriously injured when their Paragard IUD fractured during removal seek a fair settlement amount or jury payout in their Paragard IUD lawsuit against the device manufacturer.
Paragard Class Action Lawsuit News and Updates
Before we get into the substance of this IUD litigation, let’s give you the most recent Paragard lawsuit updates.
May 15, 2023: 186 new Paragard IUD injury lawsuits were transferred into the Paragard class action MDL over the last month. That marks the highest volume of new cases in a month since the start of the litigation and it leaves the total number of pending cases just shy of 2,000.
May 5, 2023: Are new Paragard IUD lawsuits still being filed? They are. On Tuesday, a California woman filed a lawsuit directly in the class action in Georgia, alleging that her Pargard Paragard broke during removal, requiring multiple procedures to completely remove the device. She sued various Teva entities and CooperSurgical.
May 1, 2023: Over the last month, there have been a lot of substitutions for various reasons as to which cases are on the short list of bellwether trials. The MDL judge is being very thoughtful as to how to approach the selection of cases for trial in a way that is fair to both sides. The judge wants a hybrid approach for case selection, where each side chooses three cases and both sides get one veto. The judge is concerned about extreme data points – only trying the very best and the very worst cases – if each side were to choose its own case but also fears pure randomness might not produce representative cases. It is a balancing act for sure.
April 21, 2023: There is another pretrial conference tomorrow.
April 18, 2023: Another 64 new pending cases were transferred into the Paragard class action MDL over the last 30 days. There are now 1,780 total plaintiffs in the Paragard litigation. Assuming the trend of 50-90 new cases every month continues, this MDL will pass the 2,000 mark before the end of the year. Bellwether trials are 18 months away.
March 16, 2023: The Paragard class action MDL added only 34 new cases over the last monthly period, bringing the total pending case count up to 1,716. This is a sharp drop off from last month when 105 new cases were added, the second-highest monthly volume since the start of the MDL.
February 27, 2023: The federal judge overseeing the Paragard IUD lawsuits has established a procedure to choose the ten representative cases for the first bellwether trials in 2024. These 10 cases will then go through a discovery phase, after which three out of the ten cases will be picked out for the first round of bellwether test trials. The plaintiffs will pick 1 case, the defense will pick one case, and the court will pick one case. The first trial is set for March 2024.
These trials will be instrumental in determining the settlement payout victims receive.
February 17, 2023: 105 new cases were added to the Paragard class action MDL over the last month. That brings the current total of plaintiffs with pending claims up to 1,682. This marks the second highest monthly total of new Paragard IUD lawsuits since the MDL began. Based on adverse events reported to the FDA, this steady growth in the Paragard litigation will likely continue at least for the rest of this year.
February 1, 2023: At the most recent status conference in the Paragard MDL last week, Judge May offered guidance to the parties on their competing proposals for the process of selecting cases for bellwether trials. The issue will likely be revisited at the next status conference later this month. Meanwhile, the plaintiffs will be taking depositions this month of corporate designees for the two primary defendants, Teva Pharmaceuticals and Cooper Surgical.
January 25, 2023: Last week, the Paragard MDL judge formally appointed a mediator to facilitate settlement discussions between both sides in the mass tort class action.
The mediator will be M. Gino Brogdon Sr., a retired judge from Atlanta. Brogdon will be tasked with getting the two sides working toward a global settlement. This should not be considered an indication that a settlement could be around the corner.
The appointment of a mediator was imposed by the Court and not done at the request of the parties. With the first bellwether trial still 13 months away the defendants have little to no pressure to resolve this anytime soon. Yet, somehow, it is an encouraging sign, at least for us.
January 17, 2023: There were 49 new lawsuits transferred into the Paragard class action MDL over the last month. So the total number of MDL plaintiffs is 1,577. This is back to the normal monthly average of new Paragard lawsuits after a brief uptick the previous month.
This is small litigation in the context of an MDL class action. This isn’t good for lawyers who always want more cases. But it might be good for plaintiffs in terms of future settlement amounts. Why? Because making fair compensation payouts is easier when the total settlement amount is smaller. With smaller litigation, it is easier to resolve the claims without wildly disturbing the defendants’ balance sheet.
January 2, 2023: During 2022, the FDA received 934 adverse incident reports involving the Paragard IUD breaking during removal. This is three times as many fractures during removal reported to the FDA in 2020. So what does this mean? As device fractures continue, we could see a steady stream of new incoming Paragard lawsuits added to the MDL in the first half of 2023. It also suggests that fractures during the removal of the IUD are much more common than the manufacturers would have us believe.
In our last Paragard lawsuit update, we talked about the growth of claims in 2022. These adverse reports suggest we may see more growth in this litigation in 2023.
December 28, 2022: There are now a total of 1,528 pending cases in the Paragard MDL. Thirty new cases were transferred over the last month, slightly below the monthly average.
Since June, 333 new Paragard IUD defect lawsuits have been added to the MDL and less than 20 have been dismissed or remanded. Overall, the Paragard class action lawsuit has doubled in size this year by adding 794 new cases. Will this pace continue in 2023? No. We are slowing down.
December 2, 2022: 51 new Paragard IUD lawsuits were filed or transferred into the MDL over the last month. This brings the current pending cases in the Paragard class action MDL to 1,498. At the start of 2022, there were just 876 pending cases, so the Paragard MDL has doubled in size this year. With the first bellwether trial a year away, we expect to see a similar growth pattern in the Paragard class action over the course of 2023.
November 7, 2022: The Paragard class action judge issued an initial scheduling order that lays out the roadmap for getting to the first bellwether trial in January 2024. The pool of bellwether candidate cases will be finalized at the end of this month, after which the cases will go through fact discovery. The fact discovery deadline will be July 28, 2023. Expert discovery will close October 30, 2023, and Daubert motions challenging expert witness testimony are due November 7, 2023.
September 27, 2022: After a long wait, we might finally have a date for the first bellwether test trial in the Paragard class action lawsuit. At the last monthly status conference, Judge Leigh Martin May indicated from the bench that she will schedule the first Paragard bellwether trial for January 2024, about 15 months from now. It still needs to be determined whether Judge May intends this to be the first of several bellwether trials. A formal order setting the date and establishing the protocol for selecting the bellwether trial case (or cases) is expected this month.
That is a long time from now, and it is hard to envision the defendants offering reasonable settlement amounts before a trial date is bearing down on them. So don’t expect a Teva to jump into settlement talks anytime soon. But getting a trial date – albeit in 2024 – is real progress in the Paragard class action lawsuit.September 3, 2022: The Paragard IUD class action MDL in the Northern District of Georgia continues to trudge forward as over 1,300 victims of the Paragard IUD wait for their case to be resolved by trial or settlement. After nearly two full years since the Paragard MDL was established, we don’t even have a tentative schedule for when the first bellwether trials might be.
At the last monthly status conference on August 25, 2022, the MDL received scheduling order proposals from both sides and heard opinions on when a reasonable-cut discovery date might be. Meanwhile, other MDLs of the same size and age, such as the Elmiron MDL, will be holding the first bellwether trials in a few months.
August 20, 2022: The Paragard class action lawsuit continues to add new cases, adding 68 new claims in the last month. This is still relatively small for an MDL with 1,314 plaintiffs. But that may be a good thing for victims. It is easier to pay 1,500 claims than 150,000. So the smaller size may, all things being equal, lead to larger settlement amounts for victims.
The downside of small class actions is they sometimes move slower. We still don’t have a schedule for bellwether test trials. There should be some crucial depositions of corporate representatives for defendants Teva and Cooper Surgical soon which might help jump-start the pace of this litigation.
July 18, 2022: Between June 15, 2002, and July 15, 2022, 51 new Paragard IUD lawsuits were transferred into the MDL, bringing the current number of pending cases up to 1,246.
Since May, the Paragard MDL has added an average of 86 new cases each month, a noticeable increase in the rate of new filings compared to the previous 18 months.
Last week, the Paragard MDL judge finally issued a long-anticipated order requiring the plaintiffs to submit completed fact sheets and initial discovery documents supporting their claims. This is good news for victims who have filed a Paragard IUD lawsuit. It means the class action is moving forward.
July 1, 2022: The pace of new Paragard lawsuits is dying down a bit. A record number of new Paragard IUD lawsuits were transferred into the MDL over the previous two months. But that pace is abruptly slowing down. No new Paragard cases have been added to the MDL in the last two weeks. The most recent monthly status conference was held on June 21. But nothing significant happened, and we still haven’t finalized Plaintiff fact sheets.
June 23, 2022: Our Paragard lawyers have received more calls from victims in the last few months. The Paragard class action lawsuit is getting a second wind when it comes to new lawsuits. However, in the previous 30 days, Paragard has quietly become one of the hottest mass torts. There were 177 new Paragard IUD lawsuits filed or transferred into the MDL Paragard lawsuit between May 15 and June 15. This brings the total number of pending IUD removal lawsuits up to 1,192.
This was the most significant increase in new cases of any MDL during this period. There is no obvious explanation for this sudden uptick in new cases and it could be the result of certain Paragard lawyers filing large blocks of new lawsuits after sitting on them for months.
Meanwhile, however, the MDL docket is still moving very slowly. At the last monthly status conference on June 21, the parties were still discussing details for the plaintiff fact sheets and objections to a discovery request. After 18 months, we still have no bellwether trials scheduled, and the plaintiff fact sheets are not finalized.
June 6, 2022: The Paragard MDL continues to move at a frustratingly slow pace. The number of new Paragard lawsuits has slowed down recently. Only a few new Paragard cases were added to the MDL in May, and no cases have been transferred through the first week of June. MDL Judge Leigh Martin May held a status conference just before Memorial Day weekend and heard from the parties regarding the Plaintiffs’ objections to the documents produced by the defendants in discovery. The status of the Plaintiff Fact Sheets was also reviewed.
May 16, 2022 Update: Our Paragard lawyers are still getting calls almost every day from women seeking to file a Paragard lawsuit. But there is no question the growth of the Paragard class action lawsuit has leveled off. During the first two weeks of May, five new Paragard IUD lawsuits were transferred into the Paragard MDL. Only two new cases were added in April. So the pace of new Paragard IUD cases has slowed. Overall, 1,121 Paragard migration lawsuits are pending1,121 Paragard migration lawsuits pending in the federal class action lawsuit.May 6, 2022 Update: The effort to get a Paragard lawsuit ready for a bellwether trial continues. Toward that end, there is a Discovery Conference set for Friday, May 13, 2022, at 9:30 a.m. via Zoom. There are now 1,018 Paragard lawsuits housed in the MDL class action in Atlanta, Georgia.
April 19, 2022 Update: Judge Leigh Martin May will hold the monthly status conference in the Paragard MDL this week. One big issue at these conferences is getting a handle on how many Paragard lawsuits have been filed. This litigation has been very quiet, getting little media attention or even attention from lawyers. But based on the recent rate of new Paragard IUD lawsuits being filed, the total number of pending cases in the MDL should surpass 1,000 this month.
March 22, 2022 Update: The monthly status conference in the Paragard class action lawsuit is being held today. The agenda for this month’s status conference includes the normal update on the number of pending Paragard IUD lawsuits pending in the MDL and state courts. The MDL judge will also hear from the Paragard lawyers regarding the status of proposed fact sheets and responses to the plaintiffs’ first set of document requests.
March 16, 2022 Update: There are now 959 Paragard lawsuits in the MDL class action.
February 21, 2022 Update: The status conference in the Paragard class action IUD lawsuit before the MDL judge is tomorrow. One of the conference’s goals is to get a handle on the total number of pending Paragard lawsuits in state and federal courts.
February 18, 2022 Update: The Paragard MDL class action lawsuit continues to add about 100 new Paragard claims per month. There are now 876 pending cases. At the last status conference, the MDL class action judge resolved a dispute regarding the language and questions in the proposed plaintiff profile forms. The next status conference is scheduled for February 22, 2022.
January 18, 2022 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 prominent defendants in the Paragard lawsuits, Teva Pharmaceuticals USA Inc., and 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 looks much more interested in scheduling the first bellwether trials. 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, despite Teva’s attorneys’ protestations. All Paragard IUD cases in federal court are now transferred to the Northern District of Georgia under Judge Leigh Martin May. That judge heard a motion to dismiss all Paragard class action lawsuits yesterday. Paragard’s lawyers fight 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, arguing that federal law preempts all of the plaintiffs’ state court claims. We will know the answer soon. (Update: the motion was denied.)
September 20, 2021 Update: There is a hearing tomorrow in the MDL class action to dismiss all the pending federal Paragard lawsuits. The 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 compensates all victims in this IUD class action.
About the Paragard IUD
Paragard is an intrauterine device (IUD) that women use for long-term birth control. (Technically, it is spelled ParaGard.) But Paragard is also a drug released in the body over ten years. The Paragard drug is a T-shaped plastic frame comprised of polyethylene and barium sulfate. This device is inserted into the uterus.
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 woman’s uterine cavity.
Once inside the body, a copper wire is coiled on the Paragard. The release of small amounts of copper particles effectively blocks fertilization by preventing sperm from reaching the egg. This causes a toxic inflammatory reaction to the sperm and egg. A monofilament polyethylene thread is tied through the tip. This results in two threads that aid both in detecting and removing the drug.
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 intact during usage and removal. However, it has recently been discovered 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 flexible 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, one or both of the plastic arms of the Paragard IUD often fracture and break 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 uterus wall and impact other organs. This can cause several severe health problems, including:
- Chronic abdominal pain
- Vaginal bleeding
- Pelvic Inflammatory Disease (PID)
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 challenging to remove them safely. 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, hysteroscopic removal will usually not be impossible if the fragmented pieces have become embedded in the uterine wall already.
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).
Plaintiffs’ Paragard lawsuits allege that this IUD is inherently dangerous and defective, unfit and unsafe for women.
Can You File a Lawsuit if Your Paragard IUD Fractured During Removal?
Yes. If you had a Paragard IUD and fractured it during removal, 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 results from an obvious 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, around 60 individual Paragard fracture lawsuits are pending in the federal court system.
All these cases involve the same basic allegations: that the Paragard IUD had a design defect that caused it to fracture inside the body, That the ParaGard IUD was defective, and that it caused dangerous and adverse side effects, including but not limited to the unacceptable incidence of breakage upon removal.
You might think our lawyers would be pushing for a Paragard recall. We are not. The gist of every Paragard lawsuit is the duty to warn. This is a warning case, not a failure to recall lawsuit. Women are smart. Some women may want to ignore Paragard’s side effects and take the risk. They have that right. But too many women were not given the information about the risks to make the best choice.
That is what this copper IUD lawsuit is about. If women would not have chosen the Paragard IUD had they been given a choice, Teva and CooperSurgical should pay for the physical pain and suffering, disfigurement, mental anguish and anxiety, and medical treatment needed when there is a breakage during copper IUD removal.
Is there a Paragard IUD Class Action Lawsuit?
A “class action” MDL (multidistrict litigation) for the Paragard IUD fracture lawsuits. This class action houses all federal court lawsuits involving these claims in Georgia. Teva’s lawyers fought this class action vigorously, arguing that there are not enough Paragard lawsuits – an idea that seems silly in 2023 – and that this entire litigation has been trumped up by victims’ mass tort lawyers who are trying to make a buck. Our Paragard attorneys think juries will see it differently… if it gets that far. These case may settle long before a jury judges the defendant’s conduct.
Many Paragard victims want to know what they have to do to bring a Paragard lawsuit. They often imagine a very different process than reality. Most likely, victims need to talk to a Paragard lawyer to see if they are eligible, 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 settlement amounts in the Paragard class action lawsuit. Our lawyer 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 due to 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 severe infections. Cases in the lower settlement tiers will include plaintiffs who only suffered pain and discomfort without permanent injury.
|Injury Level||Settlement Range|
|Tier 1||$100,000 – $200,000|
|Tier 2||$25,000 – $75,000|
|Tier 3||Under $25,000|
Not to beat a dead horse but, again, these predicted Paragard settlement numbers are entirely 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. There is a statute of limitations in these lawsuits, so the deadline to sue is a real issue.
Our medical device injury lawyers can help file your Paragard case 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 within the last four years.