Paragard IUD Lawsuit | Updates in 2024

Intrauterine devices, or IUDs, have truly transformed contraception. They offer those not yet ready for parenthood a long-term and hassle-free birth control option. Teva’s Paragard IUD, known for being hormone-free and using copper to prevent pregnancy, has gained considerable popularity. However, there have been troubling reports of users experiencing serious health issues like device breaking and complications. As a result, many are now pursuing justice and accountability through lawsuits. At Ethen Ostroff Law, we shed light on these issues and support those affected in their Paragard IUD lawsuit.

IUD: A Birth Control Device

An IUD is a tiny, plastic T-shaped birth control device placed inside the uterus. It can stay in for several years and can be removed when needed. There are two IUD types: the copper and the hormonal. The copper ones stop pregnancy with copper. The hormonal ones use progestin. There are two FDA-approved IUDs in the US right now: Teva’s Paragard (copper) and Bayer AG’s Mirena (hormonal).


Paragard, created by Teva Pharmaceuticals, is a hormone-free birth control method. This small, T-shaped plastic device with copper wire prevents pregnancy by blocking sperm. It’s inserted during a quick office visit and provides hormone-free contraception for up to 10 years. Paragard is popular for its effectiveness (over 99%) and the option for reversible birth control without hormones.

Paragard Models

Teva offers two main models of the Paragard IUD to suit different needs:

  • Paragard Mini: A smaller version designed for women needing a more compact device. It shares the same copper wire wrapping and 10-year effectiveness as the standard Paragard, offering hormone-free contraception in a smaller size for easier insertion and fit. 
  • Paragard T 380A: The original and most widely used model known for its long-lasting, hormone-free birth control benefits. Its T-shaped design with copper wire wrapping prevents pregnancy and is approved for up to 10 years of use.

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paragard iud lawsuit

Mechanism of Action

Paragard IUDs release copper ions into the uterus. This mechanism makes it hard for sperm to move and fertilize an egg. In addition, the copper causes inflammation in the uterus, resulting in a further decrease in sperm survival. These actions ensure that sperm can’t fertilize an egg, rendering a Paragard dependable birth control.

Benefits and Considerations

The Paragard IUDs offer some key benefits:

  • Both models are over 99% effective. 
  • Fertility usually returns soon after removal of the device. 
  • Great for those who want to avoid hormonal contraceptives. 
  • They provide up to 10 years of birth control without daily upkeep.

Safety Tips for Women Using Paragard IUD

Here are some essential tips to reduce risks and ensure safer, more effective birth control with Paragard:

  • Condom use: Use condoms to protect against sexually transmitted infections and HIV/AIDS, as Paragard does not protect against these. 
  • Emergency contact: Keep your healthcare provider’s contact information handy for emergencies. 
  • Expulsion prevention: Avoid heavy lifting or strenuous activities during the first few weeks after insertion. 
  • Pregnancy testing: Ensure you are not pregnant before inserting the device to avoid complications. 
  • Proper insertion and removal: Ensure your healthcare provider correctly inserts and removes the device to minimize risks. 
  • Regular check-Ups: Visit your healthcare provider regularly to ensure the device is in place and monitor for complications. 
  • Side effects awareness: Watch for side effects like bleeding, cramps, or pain. Discuss them with your healthcare provider if they persist or worsen. 
  • String monitoring: Regularly check the strings of the device. Report any changes to your healthcare provider. 
  • Symptom monitoring: Watch for unusual symptoms like heavy bleeding or severe cramps. Report them immediately to your healthcare provider. 
  • Timing of insertion: The device should be inserted during a normal menstrual cycle, not immediately after childbirth or abortion.

FDA and User Reports

The FDA’s Adverse Event Reporting System has logged thousands of reports about Paragard complications. Since 2003, there have been over 3,300 reports of device breakage, with more than 2,000 serious cases often leading to hospitalization. Media investigations suggest Teva knew about these issues but didn’t warn users, resulting in many lawsuits.

Some reported incidents include:

  • A hospital reported four cases in 2014 where Paragard devices broke upon removal, three of which were under their expected lifespan. 
  • In 2015, a Paragard device was removed missing the copper coil from the stem.

Complications from Paragard Use

Despite their benefits, Paragard IUDs have been associated with several complications, including:

  • Chronic pelvic pain: Paragard may cause chronic pelvic pain, affecting daily life and overall quality of life. 
  • Copper toxicity: Excessive copper can lead to severe pain and health issues. 
  • Device breakage: Device may break during removal, requiring surgery to remove embedded fragments. 
  • Ectopic pregnancy: Device can cause life-threatening ectopic pregnancies and pregnancy loss.  
  • Fatal injuries: Rarely, complications can lead to severe infections, internal bleeding, or untreated organ damage. 
  • Infections: Increased risk due to the introduction of a foreign object. 
  • Infertility: Complications can lead to infertility. 
  • Internal bleeding: This can occur during insertion, removal, or migration of the device. 
  • Organ damage: The device can damage reproductive organs during insertion, removal, or migration. 
  • Painful removal: Many users report extreme pain during removal, especially if the device breaks. 
  • Pelvic inflammatory disease: This infection can cause long-term health issues if untreated. 
  • Pseudotumor cerebri: Increased skull pressure can cause headaches and vision problems. 
  • Scarring: It can lead to chronic pelvic pain and other issues. 
  • Uterine perforation: This risk can damage the uterus and other reproductive organs, often requiring surgery.

Reporting Paragard Injuries and Complications

If you encounter any issues with the Paragard IUD, report them promptly. Here’s where you can report:

  • Attorney: Consult a product liability lawyer if you suspect the Paragard caused your injuries. 
  • Healthcare provider: Contact your doctor to get necessary medical help and document your concerns. Maintain detailed records of symptoms, treatments, and medical visits for evaluation and potential legal action. 
  • Teva: Visit Teva’s website for reporting forms or contact details.

  • Phone: 1-800-FDA-1088.

Is There a Recall on Paragard IUD?

There is no full recall of the Paragard IUDs. To this day, the devices are still being manufactured and sold in the market. However, according to an FDA report, Teva only recalled two Paragard lots in 2014 on claims of failing to prevent pregnancies.

Legal Options for Paragard Complications

Consider these legal options for seeking justice and compensation if you’ve experienced complications from a Paragard use:

  • Consult an attorney: Talk to Paragard lawsuit attorneys. They can guide you through the legal process and seek fair compensation. 
  • Explore legal theories: Look into other legal approaches like breach of warranty, deceptive marketing, or negligence. Your lawyer can advise you on these options. 
  • File a personal injury lawsuit: Sue Teva for damages caused by a Paragard, including claims of design defects, manufacturing defects, and failure to warn about risks. 
  • Join a Paragard class action lawsuit: Team up with others facing similar issues in a single IUD lawsuit. This can be cost-effective and strengthen your case, though individual payouts might be smaller. 
  • Participate in multidistrict Paragard litigation: Join consolidated Paragard lawsuits to streamline the process. Each case is handled individually, but pretrial proceedings are coordinated for efficiency. 
  • Seek a settlement: Manufacturers may offer settlements to avoid trials. An attorney can help negotiate a fair settlement that compensates you adequately, offering a quicker resolution.

Paragard IUD Lawsuit

Teva’s Paragard has faced numerous legal disputes due to serious complications. Initially praised for its effectiveness, it has come under scrutiny for issues like device breakage during removal, copper toxicity, and injuries requiring surgery. Many have filed Paragard lawsuits against Teva, alleging the device caused harm. Reports of breakage and toxicity have raised significant safety concerns nationwide.

Legal Grounds for a Paragard Lawsuit

There are several important legal grounds to consider when it comes to filing a Paragard lawsuit:

  • Breach of warranty: Allegations that Paragard failed to meet promised performance standards, resulting in harm. 
  • Deceptive marketing: Claims of misleading advertising by Teva, downplaying Paragard’s risks and safety concerns. 
  • Design defects: Lawsuits argue that Paragard’s design flaws, particularly its tendency to break during removal, contribute to injuries. 
  • Failure to warn: Accusations that Teva inadequately warned users about the potential risks associated with Paragard use. 
  • Informed consent: Concerns that users weren’t fully told about risks, denying their right to make informed choices. 
  • Manufacturing defects: Claims of inconsistent manufacturing leading to defective IUDs and increased breakage risk. 
  • Negligence: Allegations that Teva failed to exercise reasonable care in Paragard’s design, production, and marketing. 
  • Product liability: Assertions that Paragard’s design defects directly cause complications, making Teva liable for resulting harm. 
  • Strict liability: Teva is held responsible for Paragard’s defects, even without proving negligence.

These legal grounds form the basis of the growing number of Paragard lawsuits against Teva, including individual cases and the consolidated Paragard litigation (MDL 2974) in Georgia.

Common Injuries Claimed in Paragard Lawsuits

Paragard users report various injuries caused by the device. Common injuries mentioned include:

  • Device displacement. 
  • Discomfort during intercourse. 
  • Ectopic pregnancy. 
  • Embedded fragments. 
  • Infections. 
  • Inflammation. 
  • Menstrual pain. 
  • Necessary surgeries like laparotomy or hysterectomy. 
  • Pelvic inflammatory disease. 
  • Persistent pain. 
  • Potential infertility. 
  • Prolonged bleeding. 
  • Unusual vaginal discharge. 
  • Uterine perforation.
paragard lawsuit

MDL No. 2974 - Paragard IUD Products Liability Litigation

This legal action brings together Paragard lawsuits against Teva and CooperSurgical, the companies behind the copper IUD. People suing say the device is flawed and that the companies didn’t warn enough about the chance it could break and hurt you when taken out. This case is happening in the US District Court for the Northern District of Georgia, with more than 2,700 cases filed by June 2024. Judge Leigh Martin May oversees the proceedings.

Timeline of the Paragard MDL

This timeline outlines key events in the Paragard MDL in Georgia, highlighting the progression and significant developments in the cases. These events include new lawsuits, procedural advancements, and important court decisions:

  • June 11, 2024: Cooper Companies’ strong financial results, with revenue rising by 7% to $942.6 million, suggest they have ample resources for Paragard settlements. 
  • June 3, 2024: Over the past 30 days, 39 new Paragard cases were added, bringing the total to 2,690, a favorable scenario for plaintiffs. 
  • June 2, 2024: An agreement was reached on using Technology Assisted Review for document reviews, streamlining the discovery process. 
  • May 9, 2024: A new Paragard IUD lawsuit in Georgia alleges device breakage during removal, highlighting ongoing concerns. 
  • May 1, 2024: In April, 36 new Paragard cases were transferred to the MDL, indicating continued litigation activity. 
  • April 26, 2024: Mendez v. Teva involves claims of Paragard breakage during removal, showcasing the range of issues in the litigation. 
  • April 1, 2024: With 55 new Paragard cases added, the MDL now has 2,615 pending cases, indicating ongoing growth in the litigation. 
  • March 21, 2024: A Maryland woman’s lawsuit over Paragard breakage during removal adds to the diversity of claims in the MDL. 
  • March 1, 2024: February saw 126 new Paragard cases added, marking a significant monthly volume increase. 
  • February 1, 2024: January saw 28 new Paragard cases added, indicating ongoing litigation activity. 
  • January 22, 2024: A New York woman’s lawsuit over complications during Paragard removal underscores the individualized nature of these claims. 
  • January 15, 2024: The MDL now has 2,416 pending cases, reflecting the continued growth of the litigation. 
  • January 2, 2024: With 37 new Paragard cases added, steady litigation activity continues. 
  • November 1, 2023: Plaintiffs facing potential dismissal for failing to complete Plaintiff Fact Sheets highlight the importance of procedural compliance. 
  • October 16, 2023: Ninety-nine new cases were added to the MDL, with the first bellwether trial scheduled, indicating progress in the litigation. 
  • October 9, 2023: Focus shifts to case-specific fact discovery, a crucial step in preparing for bellwether trials. 
  • September 27, 2023: Setting a date for the first bellwether trial on October 28, 2024, marks a significant milestone in the litigation process. 
  • September 24, 2023: Addressing a discovery dispute regarding vital documents reflects ongoing efforts to ensure fairness in the litigation. 
  • September 20, 2023: Fifty-three new cases were added in the past month, indicating continued growth in the MDL. 
  • September 1, 2023: Deadline extensions and trial date confirmations provide clarity amid ongoing litigation. 
  • August 17, 2023: Only 31 new cases were added in the past month, indicating a temporary slowdown in litigation activity. 
  • August 1, 2023: Over 100 plaintiffs at risk of dismissal underscores the importance of procedural compliance in maintaining claims. 
  • July 18, 2023: Adding 53 new Paragard lawsuits reflects continued growth in the MDL. 
  • July 1, 2023: Deadline reminders for Plaintiff Fact Sheets highlight procedural requirements for plaintiffs. 
  • June 23, 2022: A surge in Paragard lawsuits adds to the complexity of the litigation landscape. 
  • June 16, 2023: Forty-four new active cases were added in the past 30 days, indicating ongoing litigation activity. 
  • June 6, 2022: Slow pace of Paragard MDL noted with ongoing status conferences to address procedural matters. 
  • June 2, 2023: Finalizing bellwether discovery cases marks progress in trial preparation. 
  • May 16, 2022: Slowed growth of the Paragard class action lawsuit was observed, indicating potential shifts in litigation dynamics. 
  • May 6, 2022: Efforts to prepare for bellwether trials continue amid ongoing litigation. 
  • April 19, 2022: A monthly status conference was held to review Paragard IUD lawsuit filings and procedural matters. 
  • March 16, 2022: Nearly 1,000 Paragard lawsuits are now part of the MDL, reflecting the scope of the litigation. 
  • February 21, 2022: A status conference was scheduled to assess pending Paragard lawsuits in state and federal courts. 
  • February 18, 2022: A steady addition of new Paragard claims was observed, indicating ongoing litigation activity. 
  • January 18, 2022: Significant growth in the Paragard class action lawsuit was noted, reflecting increased awareness and filings. 
  • December 2, 2021: Motion to dismiss based on federal preemption denied, signaling continued progress in the litigation. 
  • September 22, 2021: Despite challenges, MDL class action was created, centralizing Paragard IUD cases for efficiency. All Paragard IUD cases in federal court are now transferred to the Northern District of Georgia under Judge Leigh Martin May. 
  • September 20, 2021: Hearing to dismiss pending federal Paragard lawsuits reflects ongoing legal maneuvering in the litigation.

Allegations in Paragard IUD Lawsuits

The claims in Paragard IUD lawsuits highlight troubling negligence by Teva and CooperSurgical. They include:

  • Breach of duty of care: Manufacturers continued selling a known defective product, neglecting their duty to consumers and causing serious injuries. 
  • Breakage during removal: The Paragard IUD often breaks during removal, leaving fragments inside the uterus and leading to severe complications. 
  • Defective products released: Teva and CooperSurgical allowed faulty products onto the market, indicating significant quality control issues and resulting in harm to many women. 
  • Failure to recall: Despite awareness of the risks, the manufacturers did not recall the device, further endangering Paragard IUD users. 
  • Inadequate warning: Defendants failed to properly warn healthcare providers and the public about the risk of breakage, putting patients at risk due to lack of transparency. 
  • Insufficient safety measures: Despite knowing the risk of breakage, manufacturers allegedly did not implement adequate safety measures, leading to widespread harm. 
  • Lack of removal instructions: Plaintiffs claim that manufacturers did not provide sufficient guidance for removing the device, increasing the risks associated with using the Paragard IUD. 
  • Lack of testing: Manufacturers allegedly failed to conduct adequate testing on the Paragard IUD before its release, resulting in unforeseen complications for users.

Paragard Lawsuit Update 2024

The Paragard lawsuit 2024 continues to evolve, with ongoing developments shaping the legal landscapeIn May, the Paragard MDL added 39 new cases, totaling 2,690 pending cases. The first bellwether trial is scheduled for this year. Stay updated on the latest developments to understand what it means for your situation.

What to Do If Your Paragard Causes an Injury

Understanding what steps to take first if you believe your Paragard has harmed you is essential. It’s about safeguarding your health and maintaining your legal choices. Here’s what to do:

  • Seek medical attention: If you notice any unusual symptoms or side effects after getting a Paragard, see a doctor immediately. They can check your condition, provide treatment, and document any issues caused by the IUD. 
  • Document your symptoms: Keep a detailed record of any symptoms or problems you experience. This can be helpful in your legal action. 
  • Consult with an attorney: Talk to Paragard lawsuit attorneys. They can protect your rights and seek compensation. 
  • Gather medical records: Get copies of all your medical records related to Paragard, including insertion, removal, and any treatments. These documents are crucial evidence for your IUD lawsuit. 
  • Keep the device: If your Paragard is removed, keep it if possible. The device might need to be tested or analyzed for your legal case. 
  • Be mindful of deadlines: Be aware of the deadlines for filing a Paragard IUD lawsuit. These deadlines vary by state, so act quickly.

Process for Filing a Paragard Lawsuit

You must understand how to file a lawsuit if you’ve had complications from Paragard. This will help you protect your rights and seek compensation. Here’s a guide:

  • Consult a lawyer: Talk to a personal injury attorney who knows about product liability cases, especially related to Paragard. 
  • Gather evidence: Collect all your medical records, prescriptions, and any other documents about your Paragard and any injuries or issues you’ve had. 
  • File a lawsuit: Your attorney will file a lawsuit on IUD against the makers of Paragard in the right court. 
  • Join the MDL: If your copper IUD lawsuit is in federal court, it might get moved to the Paragard MDL in Georgia, overseen by Judge Leigh Martin May. 
  • Participate in discovery: You’ll fill out a form called a Plaintiff Fact Sheet, giving details about your case. This helps with the legal process. 
  • Prepare for bellwether trials: Some cases will be chosen for early trials to see how they go. This helps everyone understand the cases better. 
  • Potential settlement: If the Paragard lawsuits are successful, the companies might have to pay settlements. Teva and CooperSurgical seem like they have enough money to pay out fair settlements.

Eligibility for Filing a Paragard Lawsuit

You usually need to meet these criteria to be eligible to file a Paragard IUD lawsuit:

  • Injury or complication: You must have suffered an injury from using Paragard, like device breakage or perforation of the uterus. 
  • Medical records: Have medical records that show the insertion of Paragard and any treatments for related complications or injuries. 
  • Statute of limitations: Be aware of the legal time limit for filing a lawsuit on IUD in your area. 
  • Use of Paragard: You must have used Paragard and have documentation to prove it.

Liable Parties for Paragard Injuries

Potential liable parties for your Paragard injuries include:

  • Teva Pharmaceuticals and CooperSurgical: The Paragard makers are accused of producing a faulty product that causes severe harm. 
  • Healthcare facilities: The places where Paragard IUDs are inserted or removed could also be responsible for any resulting injuries or complications. 
  • Medical professionals: Those who insert or remove Paragard IUDs may also be held accountable for any related injuries or complications. 
  • Other parties: Entities like the FDA may also face liability if they fail to properly regulate or oversee the Paragard IUD.

These parties can be held responsible for Paragard-related injuries through legal actions such as lawsuits and settlements.

Evidence Needed to Support Paragard Claims

Having evidence is vital in any case. It backs up what the plaintiff is saying and shows that the defendant is responsible. In Paragard lawsuits, plaintiffs usually provide:

  • Device failure reports: Reports showing the device’s tendency to break or migrate. 
  • Expert reports: Insights from medical experts on the risks and complications linked to Paragard. 
  • Expert witness testimony: Testimonies from medical professionals detailing Paragard risks and complications. 
  • Internal documents: Internal communications proving the manufacturer’s knowledge of the risks and failure to warn consumers. 
  • Marketing materials: Advertisements and promotional materials showing the manufacturer’s claims about the device’s safety. 
  • Medical records: Documentation of device breakage, migration, or other complications during or after removal. 
  • Product liability lawsuits: Evidence from other lawsuits involving similar devices. 
  • Regulatory documents: Regulatory communications demonstrating the manufacturer’s compliance or lack thereof. 
  • Testimony: Statements from healthcare providers about the complications and injuries caused by Paragard. 
  • User feedback: Complaints and observations from other women who have used Paragard.

Compensation in Paragard Lawsuits

Compensation is key in your Paragard IUD lawsuit. It eases the financial and emotional burden of your injuries. However, the amount you receive depends on factors like injury severity and lawsuit location. Here’s what you could get:

  • Disfigurement: Compensation for scars from Paragard removal. 
  • Lost wages: Payment for income lost due to Paragard-related issues. 
  • Medical expenses: Coverage for Paragard-related medical costs. 
  • Mental anguish: Compensation for emotional distress caused by Paragard. 
  • Pain and suffering: Payment for physical and emotional distress. 
  • Punitive damages: Extra compensation for reckless behavior. 
  • Other damages: Additional compensation for related damages.

Paragard Lawsuit Settlement

There hasn’t been a global settlement in the Paragard litigation as of June 2024. If there’s no out-of-court settlement, the first trial cases will start in 2024. The outcomes of these initial trials will show the court’s decision and potential settlement amounts.

Looking at previous IUD cases like the Mirena IUD settlement can give an idea of settlement amounts. In August 2017, Bayer offered $12.2 million to settle 4,600 lawsuits after women sued, claiming their IUDs moved and caused organ damage.

Settlements may happen before or during a trial. The compensation amount can vary widely based on each case’s specifics. Talks for settlements usually begin after a few trials, and juries decide on verdicts.

Selecting the Best Legal Representation

Choosing the right lawyer for your Paragard lawsuit is crucial. Here’s how to find the best legal help:

  • Check credentials: Ensure the lawyer is licensed and in good standing. 
  • Discuss fees: Understand how the lawyer charges, especially if it’s based on winning your case. 
  • Evaluate experience: See how many cases they’ve handled and their success rate. 
  • Read reviews: Look for client feedback to see how satisfied others were with the lawyer’s work. 
  • Research attorneys: Find lawyers who specialize in Paragard lawsuits and have proven track records. 
  • Schedule consultations: Consult with potential Paragard lawsuit attorneys to discuss your case. 
  • Trust your instincts: Choose a lawyer who listens and gives you confidence about your Paragard copper toxicity lawsuit.

Hire Ethen Ostroff Law

Looking for legal help with a Paragard IUD injury case? Consider Ethen Ostroff Law. We specialize in these cases, offering expert guidance and personalized support. We use our expertise to boost your chances of success, providing caring support at every stage.

Frequently Asked Questions About Paragard IUD Lawsuit

No, there hasn’t been a Paragard IUD recall. Despite concerns, the flawed device hasn’t been recalled yet. The FDA hasn’t issued any recall orders for Paragard, which means more women could still face risks like breakage or migration.

If you’ve used the Paragard IUD for birth control, and your device broke during or before removal, and removal was attempted within 10 years of implantation, you likely qualify. Start by consulting with a lawyer who knows about Paragard IUD cases. They’ll review your case, explain your legal options, and help you join the lawsuit. Reach out to Ethen Ostroff Law to check if you’re eligible.

The lawsuit about copper IUD toxicity involves women harmed by copper IUDs like Paragard. Copper toxicity from Paragard is rare but more likely if you have a genetic condition called Wilson disease, causing copper buildup. So, if you have Wilson disease, it’s advised not to use Paragard. 

Yes, there’s a Paragard class action lawsuit known as MDL 2974 against Teva and affiliates. It claims the Paragard IUD is faulty, causing severe injuries like breakage during removal, device migration, and organ punctures.

If you received a Paragard IUD device and suffered related injuries, such as device fracture, migration, defect, infection, or extreme pain, you may qualify for a Paragard IUD lawsuit. Countless affected women have undergone serious medical treatments, including hysterectomy.

The value of a Paragard lawsuit varies based on individual circumstances, making it essential to consult with an attorney for an accurate estimation. Our Paragard lawsuit attorneys at Ethen Ostroff Law can provide insights into average settlements. Give us a call today.

If you have had a Paragard fracture during removal, call Ethen Ostroff Law. We’ll examine the viability of you case.

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