For the unversed, Paragard IUD has been in the market since the 80s. In recent years, however, Paragard T 380A has been in the news for all the wrong reasons. Women have filed lawsuits against the manufacturers – Teva Pharmaceuticals and Cooper Companies, on various grounds, including defective manufacturing of the contraceptive device, defective design, and failing to warn doctors about the possible risks. Paragard is not the first intrauterine device to face such lawsuits. Bayer’s Mirena IUD faced similar lawsuits, and the drug manufacturer had to pay a huge settlement.
Understanding the grounds
Most Paragard lawsuits related to claims that the device broke when the doctor tried to remove it. As a result, patients had to ensure invasive procedures, such as hysteroscopy, laparoscopy, laparotomy, and hysterectomy. There are also lawsuits, where plaintiffs allege that doctors were unable to retrieve the pieces of IUD on breakage, which can have severe consequences.
Are the lawsuits separate?
Yes, all are individual lawsuits, and not class action. However, these lawsuits will eventually join a multi-district litigation (MDL), which will speed up the proceedings. Lawyers taking up these lawsuits are asking for huge compensation, which will cover for the medical bills, invasive procedures, and suffering. For MDLs, judges consider a few bellwether trials to give a judgment, which will then steer the negotiations for other pending lawsuits. It should be noted that MDLs are not the same as class action. In the latter, all cases are combined into one. Even if a lawsuit consolidates into a MDL, the compensation for the plaintiff will be separate, depending on their circumstances and suffering.
Have plaintiffs received a settlement yet?
No, not yet. As few Paragard lawsuits go to trial and a judgement is passed for these bellwether trials, negotiations and settlement talks can start.
Other things to know
While some evidence suggests that Paragard is better than Bayer’s Mirena IUD, but the risks of using this intrauterine device cannot be overlooked. If you have gone through an invasive procedure because of Paragard breaking during removal, you may want to talk to an attorney right away to know the scope for a lawsuit. In most states, there is a limited time period to file such lawsuits, so you have to act quickly. Paragard is still available in the market and hasn’t been recalled yet.
Find a good law firm in your state that has been taking lawsuits related to Paragard T 380A.