In this article, we will define what Paragard is and what the lawsuit is all about. In addition to this, we will discuss if one qualifies for the lawsuit or not. If you or someone you know have been using the product, please contact a medical professional who can assist you on the same and a personal injury lawyer to get your well-deserved compensation.
WHAT IS THE PARAGARD LAWSUIT? “Paragard IUDs are a form of long-term birth control that a doctor places at the base of the uterus. The T-shaped device has a copper coil that releases small amounts of copper particles. These cause a toxic inflammatory reaction that prevents the sperm from reaching and fertilizing the egg. The Paragard IUD can prevent pregnancy for up to 10 years. And the device is marketed as being easy to remove since the doctor simply has to pull a removal cord.
However, some women allege that plastic arms at the base of the device do not flex upward as they are supposed to when the Paragard IUD is removed. Instead, the arms become rigid and break during the removal process. This can result in sharp plastic pieces becoming stuck inside the uterus. Some women required surgical removal of these plastic shards while others experienced ongoing or permanent complications. Women who have been affected by problems with removal of the Paragard IUD have filed claims against the manufacturer, Teva Pharmaceuticals, as well as against CooperSurgical, which purchased the IUD device from Teva Pharmaceuticals in 2017. These lawsuits argue:
- Product liability claims based on an alleged defect in the design of the Paragard IUD.
- Failure to warn based on an alleged failure of Teva Pharmaceuticals to alert patients to the potential risk that the device could break and cause complications.
- Negligence on the part of the manufacturer.”[1]
There is no compensation that can counteract the emotional distress or suffering caused by this product to women users. No dollar can make up for the harm caused to a woman’s reproductive health. However, you can get your medical bills and lost wages compensated and more. So, how do you determine whether you qualify to file claims or not?
- You should have used the product (Paragard),
- The Paragard IUD must have broken prior or whilst removing it,
- The IUD was removed before ten years.
Lawsuit filed by Georgia Bowers: “Georgia Bowers filed her suit against Teva and Cooper Surgical in September 2020. She received her Paragard in January 2017. In September 2017, she visited her doctor to have the IUD removed. An ultrasound revealed the device was incorrectly positioned. Bowers’ doctor followed instructions for removing the IUD, but only part of the IUD was retrieved. One arm was missing. Bowers’ doctor tried to remove the broken piece by colposcopy but was unsuccessful. “At all relevant times, the Teva Defendants had knowledge that there was a significant increased risk of adverse events associated with ParaGard IUD including arm breakage, and despite this knowledge the Teva Defendants continued to manufacture, market, distribute, sell, and profit from sales of ParaGard IUD,” Bowers’ lawsuit said.”[2]
Lawsuit filed by Carley Tredway: “Carley Tredway filed her suit against Teva and Cooper Surgical in September 2020. Tredway received her Paragard in 2008. In 2018, she went to get her Paragard removed. Her doctor followed the instructions to remove the IUD, but upon removal one arm remained in the uterus. Tredway’s doctor removed the remaining arm via hysteroscopy a month later. “Prior to her procedures, Plaintiff and her doctors were provided with no warning from the Defendants of the risk of ParaGard IUD failure and injury, nor were Plaintiff and her doctors provided with adequate warning of the risk of removal of ParaGard IUD,” Tredway’s complaint said. “This information was known or knowable to the Defendants.”[3]
Additional Claims in the Lawsuit Include:
- Infertility
- Pain
- Broken IUD pieces cannot be removed.
- Infection
- Need for surgery such as hysterectomy, to name a few.
“Paragard has not been recalled for breakage issues and has no other recent recalls. The device is still available on the market. In April 2014, Teva Pharmaceuticals recalled two lots of the device for “lack of assurance of sterility,” according to an archived FDA report.
In addition to this, there is no active class action for Paragard injuries. Lawyers are filing lawsuits on behalf of individuals injured by the device. Although these cases are consolidated in one MDL in Georgia, each plaintiff retains their own lawyer, and each case remains an individual case. In an MDL, not all cases go to trial. Instead, lawyers choose cases for bellwether trials. The outcome of these trials gives both sides an idea of case value and informs any potential settlements.”[4]
Claims:
Companies owe basic duty of care whilst creating products, especially when such products are distributed at large. Especially multi-national companies, that are reputed and customers trust them to create safer products. It is their obligation to know the nitty gritty of their own products, ensure it sustains tests and trials and then release it into the world market. However, it is saddening to say that most transnational companies tend to continue to sell products to consumers even after knowing well that it could be dangerous. The case is not anything different from the Paragrad lawsuit. In addition to this, it seems the manufacturers refuse to take responsibility on losses and mental agony caused by their products. “The lawsuits against Teva Pharmaceuticals and CooperSurgical allege that they have breached their duty of care on the following grounds:
- “Defective design –Teva Pharmaceuticals and CooperSurgical have manufactured a poorly designed product that is prone to breakage.
- Manufacturing defects –Rather than fault the design, some lawsuits allege the manufacturers allow defective products to reach the public, which would indicate quality control deficiencies.
- Failure to warn –The defendants have failed to advise physicians and the public about the potential for breakage and how to mitigate these risks.
Teva Pharmaceuticals and CooperSurgical are facing a growing number of lawsuits as a result of their faulty products, which have seriously injured women who trusted Paragard as a safe and effective method of birth control. In addition, the FDA has received over 41,000 reports of complications arising from Paragard, including 17,208 complaints of injuries that were severe or resulted in death. This is clear and convincing evidence that Teva Pharmaceuticals and CooperSurgical have knowingly and negligently manufactured dangerous products.”[5]
LIABILITY: “It is an unfortunate fact that not all medical innovations are considered safe. If you have been injured or suffered from the use of a Paragard device, or have a family member who was injured in this way, you may be eligible for suing the manufacturers in a product liability lawsuit. But you will need the help of an experienced Paragard lawyer. Defects in the Paragard IUD can be actionable if they involve design, manufacturing, or marketing. Failure to warn consumers is considered a marketing defect. The laws governing what is considered appropriate for pursuing a product liability lawsuit vary from state to state.
It will be necessary for the plaintiff to prove that it was a defect that caused the device to be considered dangerous. Furthermore, the defect must have been present when it left the manufacturer’s control. In the case of “failure to warn” it must be proven that the manufacturer had knowledge or should have had knowledge of the danger associated with use of the device. If there was knowledge of the danger of the device within the industry that produced it, the plaintiff must then prove that the manufacturer failed to warn consumers of this danger.” (6)
[1] Paragard Lawsuit Update February 2023 – Forbes Advisor [2] Paragard Lawsuits | Paragard IUD Injuries & Compensation (drugwatch.com) [3] Ibid. [4] Paragard Lawsuits | Paragard IUD Injuries & Compensation (drugwatch.com) [5] Paragard IUD Lawsuit | Milavetz Injury Law, P.A. (milavetzlaw.com) (6) Paragard IUD Lawsuit | Holding Negligence To Account (drlawllp.com)
