Paragard IUD Injuries: How to File a Claim
The bottom line upfront: If you want to file a Paragard claim, you must have suffered an injury from the intrauterine device and call a lawyer to begin the lawsuit process. Timing is important, so you must act now.
Paragard is an IUD that is carefully inserted into the uterus and stays there for 5-10 as a means of non-hormonal birth control. It is a small plastic t-shaped device wrapped with copper. The copper is supposed to provoke a reaction in the body that prevents unwanted pregnancy. When the device is ready to come out, the doctor is supposed to simply pull on two strings and the IUD is out of the body.
You Must Have a Qualifying Paragard Injury
While the device may be effective, it has caused injury to thousands of women. Here is what has hurt women who trusted in the safety of this device:
- The plastic has deteriorated and pieces break off when the doctor is removing the device
- The plastic and copper in the body cause infection.
- The IUD can move out of place, damaging internal organs.
- The uterus could be punctured during insertion.
Possible Injuries for Your Paragard Claim
The first requirement for a possible Paragard settlement is an injury. Here are some injuries that could qualify you for financial compensation:
- Constant pain and discomfort
- Bleeding between periods
- Heavy menstrual bleeding
- Surgery to remove the pieces of the plastic from the uterus
The need for surgery is the most severe side effect that women have suffered. In the best-case, the doctor is able to remove the pieces of the plastic with minimally invasive surgery. However, many women have needed more intensive surgery up to the point of a hysterectomy. These injuries have a long-term impact with much pain and suffering.
You Need Information About Your Implant
First, you must prove that you had the Paragard implant. This seems like something that should go without saying, but it becomes an issue in some cases. Obtain the product number and date of implantation of your device. If you can’t do this, your lawyer could help. Your medical records would give information on your procedure. The surgeon should have taken the sticker off the Paragard box and put it on your operative report. This sticker would have the relevant information.
How to Prove Your Injury
In order to show demonstrate your injury for your Paragard claim, you would need to do the following:
- Get medical treatment for your injuries
- Have the doctor write a detailed diagnosis in your medical file that you can use to prove how you were hurt.
- Keep a journal or log of your pain and discomfort and the important things that you have missed.
- Keep pay stubs to prove lost wages from work time missed.
- Gather all of these records and take them to your attorney.
An Experienced Paragard Lawyer Is a Must
The next, and most important step in filing a Paragard claim is getting the legal help that you need for your case. This means that you are choosing a lawyer to represent you, and it is a very important decision. You want an award-winning law firm on your side with a track record of success in complicated cases.
First, the timing is very important. A major requirement for a Paragard claim is acting quickly to assert your legal rights. There is a time limit on how long you have to file a lawsuit. If you miss this deadline, you will lose the right to receive money for your injuries with very few questions asked.
Then, your lawsuit would be filed as a product liability claim. These are not easy lawsuits because the defendants recognize that they could have legal liability reaching many millions of dollars. This is why they fight hard, and you need someone in your corner with the experience and passion to do the same.
Your Paragard lawyer will talk to you and learn the facts of your case. After some further investigation, they will tell you whether they believe you qualify for a possible settlement. Then, your lawyer will work to draft the legal complaint, which is what begins your legal process.
Our attorneys will work with you at every step of the way during your lawsuit, updating you on what is happening and giving you advice when you need to make key decisions.