One of the first things that potential clients always want to know when they have their initial consultation with an attorney is how much they could possibly recover in their lawsuit. The Paragard IUD lawsuits are no different. Injured women who have suffered the consequences from a defective product want justice for what they have gone through. While they cannot undo the pain that they experienced, they can be paid for it if they receive a settlement or win their case. With that in mind, here is what goes into the calculation of Paragard lawsuit settlement amounts.
What Is Included in Your Paragard Settlement?
When you are suing a defendant in a product liability case, you are entitled to the same damages that you would receive from any other personal injury defendant. Your settlement would cover both economic and non-economic damages. Economic damages are payments that cover your actual monetary losses. This is either money that you had to pay out of your pocket because of your injury or what you could have earned from working but did not because you were hurt.
Non-economic damages measure the intangibles of your injury. This is more subjective and is not always easy to value. You may question how someone else can put themselves in your shows and pay you for what you went through when they do not know the pain that you felt. However, they will hear accounts of your suffering and look at your medical records and assign a number to pay you for the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
It follows that if you have suffered effects like a significant impact on your sex life or infertility, you may be entitled to more money. In addition, the more serious the surgery, the more pain and suffering damages that you can receive.
How Can Someone Else Value My Own Pain and Suffering?
If you are wondering how someone can value your pain and suffering, they will likely assign a multiplier to your medical bills to reach the number. In order to possibly increase the value of your claim, you should document how your life has changed as a result of your injuries and keep a log of your pain.
Other IUD Lawsuit Settlement Amounts
While it is hard to predict the exact size of a Paragard settlement check if you receive one, we can discuss two other past IUD lawsuits and the size of the settlements in those lawsuits. One of the major IUD lawsuit settlements was the Dalkon Shield case. This was an IUD that had disastrous consequences. The company that made the Dalkon Shield, A.H. Robbins, went bankrupt as a result of the litigation.
The company initially set aside $2.3 billion into a trust fund to pay the claims. Originally, there were 100,000 Dalkon Shield cases. The number grew to 200,000. While that may seem like a small amount per claim, bear in mind two things: 1) A.H. Robbins did not have enough assets to pay the claim. If it had more money, checks would have been larger. 2) A dollar was worth much more 30 years ago. Since the Paragard lawsuit will not be as large as the Dalkon Shield case, there is a strong chance that its maker would have enough money to fully compensate women.
The second IUD lawsuit was more recent. This was brought by women who were injured when Bayer’s Mirena IUD migrated out of place and damaged their internal organs. In the end, Bayer agreed to a $12.7 million settlement that covered just over 4,000 cases. The average settlement was right around $30,000.
This makes sense in light of what we have seen as possible damages in Paragard lawsuits. Injured women are seeking between $75,000 to $100,000 for their injuries. Some more serious cases that required multiple surgeries or cost women their fertility could be worth more.
The way that these settlements work is that the defendant will usually agree to it after a few cases have been decided by a jury. They will pay a certain amount in a global settlement. This will go into a fund that will pay all of the claims. There may be some money in the fund for future claims.
Once the settlement is agreed to, there will be parameters for how much you can be paid. Many clients who are more seriously injured complain that it is not fair for someone else with lesser injuries to receive the same amount of money. The good news for them is that those with more serious injuries can get more. Not everyone receives the same settlement check. If the Paragard cases settle, you would be told that you can receive up to a certain amount for your claim.
If you have been injured and want to get a better idea of what your individual case is worth, the best thing to do is speak with a Paragard lawsuit attorney. Your lawyer who has experience handling mass tort cases will have an idea of how much your claim may be valued and can let you know the various legal scenarios.
Frequently Asked Questions
Here are questions we are often asked about IUD lawsuit settlement amounts:
Who Decides How Much I Receive?
If your case goes to trial, the jury will make the decision about damages. If there is a settlement, you could come to an agreement with the defendant, or you can make your claim to a fund established to cover victim compensation.
When Could I Receive My Paragard Settlement Money?
At this point, the lawsuits are very early in their life. If the defendant chooses to settle the cases, they may not make that decision for several more years. Still, your claim needs to be filed now.
Will It Cost Me Anything to Seek a Settlement?
Hiring a Paragard lawsuit attorney will not cost you anything out of pocket. You will only incur legal fees if your attorney recovers compensation on your behalf.