The Paragard litigation continues to grow in scope as the lawsuits pick up some steam. There have been several developments at the end of 2020 and the beginning of 2021 that injured women considering a lawsuit need to know about. Here are a few things that have recently happened in the case.
Paragard Lawsuits Are Now Consolidated into a Multidistrict Case
One major piece of news in the Paragard lawsuits that injured women need to know is that a federal panel recently consolidated all of the open lawsuits and moved them to federal court in Georgia. This does not mean that Paragard is now a class-action lawsuit. It does mean that it will be easier for those who have filed a lawsuit and those who will file to have their day in court. What an MDL means is that the legal process will be much more efficient for those seeking compensation.
We anticipate that this will lead to an increase in Paragard lawsuits. At this current time, 136 injured women have filed claims in this case. With the new MDL, we expect that number to grow into the hundreds. While these cases are still relatively new and are far from trial, defendants will usually discuss settlement at some point, either before trial or after the first few verdicts have been issued. It is important to file your claim now.
Plaintiffs Can Now Use an Easy Master Complaint
Just recently, a federal judge announced a new development that will make it even easier for injured women to file Paragard lawsuits. Since many of the women who would be filing lawsuits suffered similar injuries, the judge is allowing them to use a “Master Complaint.” This is a common form that is used by all people who are filing a lawsuit in a particular case, and it cuts the amount of time that it would take to draft this important legal document.
By doing this, the judge in the case shows that she believes that there will be more lawsuits filed in the very near future. She will soon set a schedule for the cases, so the plaintiffs will know the important milestones, including when their cases will go to trial.
The Paragard lawsuit has been assigned MDL No. 2974. The presiding judge in the case is the Hon. Leigh Martin May.
Injured Women Continue to File Claims Including a New One in Florida
In the meantime, injured women still continue to file new Paragard lawsuits. One of the more recent lawsuits was filed by a Florida woman. Stacy Guzman filed a complaint against both Teva Pharmaceutical and The Cooper Companies. Her case is the latest in a growing number of cases that are expected to reach well into the hundreds.
Ms. Guzman’s lawsuit described similar facts to what many women have experienced with this IUD that has been marketed to the public as safe. She received an IUD in 2016. The device was removed in 2020, after only four years in her body. Even though it was not in her uterus for long, the plastic still deteriorated in her body. When her doctor gently pulled on the strings to remove the device, the plastic broke in her body. As a result, Ms. Guzman needed surgery to remove the pieces of plastic that posed a serious risk to her health.
This lawsuit claims what many women have so far; they believed that the Paragard IUD was completely safe based on the company’s marketing. Even the FDA has taken issue with Paragard’s advertising in the past as the company had left out major possible side effects when marketing the product.
Of course, the product itself is also a major issue in this lawsuit and every other one. According to the lawsuits, the plastic used in making the product has a tendency to deteriorate and break when it is removed. This would mean that both the design and manufacturing of the product could be defective.
New Media Reports Indicate that the Problem May Be Far Worse than Initially Reported
Another major development in the Paragard case is the increasing reports of injuries from the product. When the news media focuses on an issue, it tends to increase the number of lawsuits in a case as injured plaintiffs realize that others have suffered the same problem, and they could come forward to file their claim.
In March 2021, Spotlight on America reported on their ongoing investigation of the Paragard IUD, and the results of their investigation were disturbing. Previous reports had put the number of injured women at around 1,600. The new investigation showed the number of injury reports was actually double that. Of the nearly 3,200 Adverse Event Reports in the FDA’s system, 1,900 of them were considered serious injuries.
Women’s health advocates quoted in the news story believe that these numbers are just a fraction of those injured because many did not take the time to complain. The investigation gives further teeth to the impression created by the growing number of lawsuits; Paragard is a dangerous product.
The FDA Continues to Do Nothing and Cooper Keeps Selling Paragard
Equally as disturbing is what the FDA plans to do about the issue; absolutely nothing. Spotlight on America specifically asked the FDA what it was going to do about the growing number of reported injuries. The agency said that it would not even require any further studies. Women are on their own and unprotected from a device that could leave them needing serious surgery.
While Paragard has not said anything about the growing number of injuries and likely would not because of legal risk, they continue to believe that their product is safe based on the fact that they continue to sell it. Yet, the risk of the breakage that thousands of women have suffered is nowhere to be found on the product warning label.
Frequently Asked Questions About Paragard Copper IUD Lawsuits
In the meantime, we continue to be approached by injured women who believe that they should be entitled to financial compensation for their injuries. Here are some of the questions that we are asked:
Who Can File a Paragard Lawsuit?
Any women who have had the Paragard IUD implanted and have suffered an injury from it can file a lawsuit. These injuries include:
- Surgeries to remove broken pieces of plastic from their uterus
- Damage to internal organs from the plastic or device migration
- Piercing of the uterus during implantation
How Much Will a Paragard Lawyer Cost Me?
Absolutely nothing upfront. To hire an attorney, you just need to sign a representation agreement. There is no cost to you out of your pocket. You only pay us if you are successful in your case. Then, we would be paid a percentage of the proceeds from your jury award or settlement.
How Long Will My Case Take?
This all depends. It is early in the litigation process, and it remains to be seen how these cases will play out. That does not mean that your case will not settle before trial, as often happens. Much of it depends on the defendant and whether they believe that they are facing significant liability.
Can I Sue Both Teva and Cooper in Paragard Lawsuits?
Yes. Teva was the original manufacturer of Paragard, but they sold the line to Cooper in 2018. As an injured victim, you can sue anyone that you believe had a hand in your injury, and it is up to them to figure out how much of your settlement or award each of them will have to pay.
How Much Is My Paragard IUD Case Worth?
It depends on your particular experience and suffering. For example, if you needed multiple surgeries or a more serious procedure to remove the plastic, you may be entitled to more than someone who had one laparoscopic procedure. You are entitled to be paid for your suffering, and that includes things such as medical bills, lost wages, and the pain that you experienced.
When Should I Hire a Paragard Lawyer for My IUD Claim?
Immediately. When it comes to any personal injury lawsuit, you never want to be at risk of missing key deadlines in your case. You never want to be at the mercy of the calendar. In addition, hiring an attorney gives you the peace of mind that you get from knowing that you are doing something about your legal situation.
How Do I Know Which Paragard Lawyer to Hire to Help My Case?
In any complex lawsuit, you should have a lawyer with specific experience in product liability cases and a track record of success. Product liability lawsuits are not always easy, and not every lawyer has the expertise to handle a case against a defendant who is motivated by the fear of large legal liability.