ParaGard IUD Lawsuits
Women across the country are filing ParaGard IUD lawsuits after suffering severe and debilitating injuries. Many are unable to conceive and bear children because of their ParaGard IUD. If you’ve been hurt because your ParaGard IUD migrated after it was inserted or broke during removal, you may have the right to take legal action, too.
Call Rosen Injury Lawyers to discuss your case and learn about how we might be able to help you fight to recover the compensation you both need and deserve. We offer a free case review, so please don’t hesitate to reach out to us for assistance and support today.
Lawsuits Allege ParaGard IUD is Defective, Unreasonably Dangerous
IUD is short for “intrauterine device.” It’s a small, long-term birth control device in the shape of a “T” that’s inserted into a woman’s uterine cavity. Two small arms extend outward, blocking the path that sperm would take to get into the uterus after sex. The ParaGard IUD, in particular, contains copper, which helps to repel the sperm and, in theory, make the device even more effective.
An IUD is not permanent. It can be removed at any time. In fact, the ParaGard IUD T380A, must be removed within 10 years of placement.
Removal should be simple, safe, and pose little-to-no risk to the woman. However, the arms of the ParaGard IUD have been known to break during this process. When the arms fracture, they can be left behind in the woman’s uterus.
Many women require surgery to attempt to retrieve the small metal fragment. Unfortunately, the invasive procedure isn’t always successful. This means that the arm of the IUD can potentially become embedded and/on travel through the body – posing a serious risk to the woman’s health. It can even cause death.
As the number of women experiencing problems with the ParaGard IUD has increased, so have the number of lawsuits filed against the manufacturer. Though the device was originally designed by Teva Pharmaceuticals, it was purchased by The Cooper Companies (“CooperSurgical”) in 2017 for a sum of $1.1 Billion. Now CooperSurgical bears the responsibility of these lawsuits.
In these ParaGard IUD lawsuits, injury victims allege the following:
- The ParaGard IUD suffers from a defective design
- The manufacturer knew that the IUD could migrate or fracture, but failed to warn doctors and patients about these very real risks
- The manufacturer failed to provide adequate instructions to physicians about how to remove the ParaGard IUD safely to reduce the likelihood of breakage.
Simply put, CooperSurgical is being sued under state product liability laws on the grounds that it manufactured and sold a defective device and that the company failed to warn patients about increased risks.
Are the ParaGard IUD Lawsuits a Class Action?
No. However, given the number of women who are filing lawsuits, there is a very good chance that ParaGard IUD lawsuits will be consolidated into a multi-district litigation (MDL).
In a class action, all of the plaintiffs are joined together in a single lawsuit and share in the result. In an MDL, all plaintiffs reserve the right to have their day in court and each plaintiff is entitled to her own result. The cases are simply merged and tried before one single federal court judge. This helps to cut down on costs and allows the parties to share resources, information, and evidence.
With an MDL, it’s common for a few cases to go to trial. These are known as bellwether trials, and they kind of set the stage for settlement negotiations. When plaintiffs prevail, settlement figures tend to rise, accordingly. So, if a jury comes back with a sizable verdict for a plaintiff in a ParaGard IUD bellwether case, it’s good news for other injury victims in the MDL.
If you’ve suffered an injury because of a ParaGard Intrauterine Device, call Rosen Injury Lawyers. We understand how devastating the consequences of a defective IUD can be for you and your family. Our mass tort lawyers are here to help you move forward. Call to discuss your legal options today.
Risks and Dangers Associated With ParaGard IUDs
When an Intrauterine Device – IUD -is inserted, it should not move or migrate inside the uterine cavity. It should not fracture or break before or during the removal process.
However, these are very real problems that are being reported by ParaGard IUD users across the nation.
Some of the side effects and risks now associated with ParaGard IUDs, especially during removal, include:
- Perforation of the uterine wall or cervix
- Device embedment in the uterus or nearby tissue
- Organ damage as a result of device migration
- Uterine scarring
- Pelvic inflammatory disease (PID)
- Emergency surgical procedures to remove the device or remnants, including by hysteroscope or Caesarian section
In some cases, women have been required to undergo a hysterectomy – surgical removal of the uterus – because the IUD and/or remnants of the device cannot be found. The result is permanent infertility.
Copper IUDs Carry Risks
There are two types of IUDs – hormone and copper. The ParaGard IUD contains copper, making it a hormone-free device. Copper IUDs have become increasingly popular in recent years, as women have started to move away from hormone IUDs to avoid experiencing something like the Mirena Crash.
However, copper might not be a safer alternative. Studies suggest that the ParaGard IUD may be more likely to migrate or be expelled from the uterus after insertion because it contains copper. If the device shifts – in any direction – it becomes more susceptible to breakage.
The stem and arms of the ParaGard IUD are plastic and wrapped in very fine copper wire. This allows copper to be secreted into the uterine cavity to ward of sperm and prevent pregnancy. However, copper not only increases the likelihood of device malfunction but can also pose serious health threats to the patient.
In the more than 1,600 adverse events reported to the FDA, many cited copper-related inflammation and instances where the copper wire on the arms of the IUD was missing after removal.
Has the ParaGard IUD Been Recalled?
No, the ParaGard IUD has not been recalled by the manufacturer or the FDA. At least, not regarding concerns about migration, fracture, and difficulty removing the device. One batch of the ParaGard IUD was, however, recalled in 2019 for “Lack of Assurance of Sterility.”
Despite litigation and mounting evidence that the device is dangerous, the ParaGard device remains on the market and is still being actively sold to women across the United States.
How Do I Know If I Have a ParaGard IUD Case?
You may have a legitimate lawsuit on your hands if, after having a ParaGard T380A IUD inserted, you experienced any of the following:
- The device was expelled – completely or partially – from your uterine cavity
- The device shifted or tilted
- The device became embedded in the uterine wall or surrounding tissue
- The device or a component migrated to a different art of your body
- The device broke or fractured during removal
- One or more components remained in your body after removal (e.g., copper wire, arm)
- Ectopic pregnancy
- Perforation of the uterus or other organs
- Allergic reaction to the copper component
- Invasive surgery
You may also have the right to take legal action against the manufacturer if someone you love has died because of consequences associated with a defective ParaGard IUD.
The only way to really know if you have a case is by talking to an experienced ParaGard IUD lawyer. At Rosen Injury Lawyers, our award-winning mass tort injury lawyers have been taking on pharmaceutical giants like Teva and CooperSurgical for a combined 75 years. We’d be more than happy to sit down with you and discuss the details of your case. Give our compassionate team a call today to find out if you may be entitled to financial compensation for your ParaGard IUD injury.
Damages Available to Woman and Families Affected by Defective ParaGard IUDs
When a company like Teva Pharmaceuticals or CooperSurgical sells a defective medical device, it can be held legally and financially accountable for resulting harm. That’s because states have something called “product liability” laws. Under these laws, companies that design, manufacture, and market products can be held strictly liable if those products are unreasonably dangerous or defective.
By filing a ParaGard lawsuit, you are asserting protections offered to you under your state’s product liability laws. This can allow you to seek monetary damages for:
- Present medical expenses
- Future medical bills, including the cost of additional surgery and rehabilitation
- Lost income and wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment or quality of life
- Wrongful death
The more severe your ParaGard injuries and related suffering, the more a case will likely be worth. It is important to make sure that you hire a mass tort injury attorney with the resources that will be necessary to document, assess, and value your case properly.
Keep in mind that you will have a limited amount of time to file a lawsuit, based on the laws of your state. Calling our attorneys as soon as you discover you’ve been harmed because of a ParaGard IUD can help to preserve your rights and ensure that you are properly compensated for your injuries.
Call The ParaGard IUD Lawyers at Rosen Injury Lawyers For Help Today
You just wanted to ensure that you could avoid an unwanted pregnancy. You chose the ParaGard IUD because you thought it was a safe and effective method of birth control. Based on all of the information CooperSurgical relayed to you and your doctor, that belief was entirely reasonable.
However, it turns out that the company might have known its ParaGard IUD carried certain risks but failed to modify the product or warn you. Now, after your device has failed, you’re left to pick up the pieces after you got hurt.
Whether you’ve suffered physical injuries to your uterus, will no longer be able to conceive a child, or lost a loved one due to complications arising from a defective ParaGard IUD, you may have the right to seek compensation.
Rosen Injury Lawyers can help you fight to maximize your financial recovery. Contact our ParaGard IUD attorneys today to learn more. Your first consultation with our mass tort injury law firm is 100% free, so please don’t hesitate to call us today.