Home/Hundreds of Paragard IUD lawsuits filed [2020 Update]
Hundreds of Paragard IUD lawsuits filed [2020 Update]
Prone to breaking
Women who used Paragard as a contraceptive are now filing laswsuits. After the intrauterine contraceptive device was implemented the suffering started.
In short: What is wrong with Paragard
Many women who have been implanted with the birth control IUD Paragard have suffered a broad range of injuries. Plaintiffs who filed a lawsuit claim that the grievous wounds they had to endure were due to devices being defective and prone to breakage and fractures. If you are among the unfortunate women who suffered an injury after receiving a Paragard implant, you can be eligible for compensation.
What is Paragard and how does it work?
Paragard is a type of birth control method known as an intrauterine device (IUD). A copper wire is coiled around a T-shaped plastic base, which is then inserted into a woman’s uterus by a doctor. Paragard prevents pregnancy with alleged effectiveness of 99%, and it does so by slowly releasing copper over a total of 10 years.
Once the metal reaches the uterine cavity, it interferes with the fertilization of the egg by blocking sperm transportation. Since the metal is somewhat toxic, it also causes an inflammatory reaction that prevents implantation of the egg, according to the manufacturer’s instructions.
There are two different models of Paragard: the Copper 380 Slimline (TCu380S) in which the copper sleeves cover the lateral ends of the horizontal arms, and the Copper 380A in which the metal encircles the middle of the arms. The device is manufactured by Teva Pharmaceuticals, which released it into the American market in 1988.
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Why is Paragard dangerous?
According to some recent lawsuits brought to the attention of the court, the Paragard intrauterine contraceptive device is prone to breaking inside the body of the woman who had it implanted. This may lead to the device embedding inside the uterus, perforating it and causing serious injuries.
Many reported that the device can also break during the removal procedure and that the broken pieces must be painfully removed one by one with a complicated surgery.
In some instances, the fragments can become embedded so deeply inside the woman’s tissues that a full hysterectomy (removal of the uterus) is required, with devastating psychological and physical consequences.
If a Paragard IUD breaks, there’s a risk of additional complications such as infection, scarring, and ectopic pregnancies as well. This type of pregnancy occurs outside the uterus, most often in a fallopian tube. Since the fetus cannot develop normally, it may cause potentially lethal internal bleeding in the mother and must be removed as urgently as possible.
Paragard isn’t the only dangerous IUD device that hit the American market. Mirena, another similar device manufactured by Bayer, has been associated with a staggering amount of adverse reports (nearly 50,000) since the U.S. Food and Drug Administration (FDA) approved it back in 2000.
Although Mirena’s contraceptive power is based on a different principle (it slowly releases small quantities of levonorgestrel in the bloodstream), this device is no less dangerous. In fact, even Bayer’s T-shaped device may detach from its position, causing gruesome organ injuries such as the perforation of the fallopian tubes or the uterus. Mirena is also associated with another serious condition known as pseudotumor cerebri (PTC).
Differences between Mirena and Paragard
The main difference between Paragard and Mirena is that the first one is the only copper IUD device available in the market, and it doesn’t contain any hormones. This birth control device is made of metal instead of plastic and acts by releasing copper rather than synthetic progestin hormones. Paragard lasts 10 years – twice the 5 years of Mirena’s duration.
Current state of the legal proceedings [January 2020]
Currently, all claims filed against Teva Pharmaceuticals try to hold the manufacturer liable for the injuries sustained by the plaintiffs. Many law firms accuse the pharmaceutical company of releasing a defective device to the market, and being negligent in warning the public about its potential dangers. However, the Paragard mass tort is still in its early stages, so no multidistrict litigation (MDL) has been centralized yet.
On the other hand, due to the large number of women who got injured by Mirena, a lot of lawsuits already reached the federal courts of various districts. The Judicial Panel on Multidistrict Litigation (JPML) consolidated them into the MDL No. 2434 in the Southern District of New York back in 2017. Given the striking similarity between the Mirena MDL and the Paragard lawsuits, it is likely that a new MDL will be centralized as well if the number of claims filed keeps growing.
Why you should file a Paragard lawsuit?
According to the many claims filed in court, Teva was fully aware of the risks associated with the use or removal of Paragard, and willfully downplayed or ignored them. Attorneys allege that the manufacturer Obtained plenty of information about the alleged dangers of the IUD device from both post-marketing experience and the trials they run. However, they only cared about profit and never warned the women about the potentially serious complications of Paragard.
Unscrupulous companies such as Teva must be held liable for all the damage they caused to you or your family. Choosing to litigate is often the only way to seek justice. We are here to help you receive adequate compensation for all your pain and suffering.
How Much Money Can I Get in a Paragard Settlement?
Right now, it’s hard to tell how much Teva Pharmaceuticals is going to pay if the mass tort is eventually settled. Usually, the manufacturers of allegedly defective devices offer an individual settlement to each injured victim only if the first few bellwether cases do not end in their favor. The Paragard lawsuit has not been centralized into an MDL yet, so there are no prior settlement cases to make a comparison.
However, due to the striking similarities with the Mirena litigation, we may expect that the cases will end in a similar way. Although it is still ongoing, the Mirena litigation saw Bayer pay $12.2 million to settle organ perforation cases in August 2017.
What is the expected payout per person in the Paragard lawsuit?
Even if your case is successful, and a court awards you with a monetary compensation, the individual payout you will receive may vary significantly. In a mass tort, each case will be treated separately, and the compensation as well as the value of a claim will depend on the details of your particular situation. Usually, you will recover more if you suffered more economic, personal, physical or emotional damage. Factors such as pain and suffering, loss of consortium, loss of wages and medical expenses, all need to be estimated before your financial reward is calculated.
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