Paragard Lawsuits

Litigation is ongoing against Paragard for injuries caused to women by the company’s intrauterine device. As of Aug. 15, 2023, there are 2,094 pending lawsuits against the company in the federal court in Georgia under MDL number 2974. The first of the bellwether trial cases will be heard in 2024.

Paragard bellwether trials are called test trials because the outcome of these cases will help lawyers on both sides better evaluate a global settlement value.

In some cases, defendants will settle a case ahead of trial to avoid potentially paying more damages and risking a jury verdict.

The Paragard IUD lawsuits claim a design flaw led to the IUD device breaking during removal. This meant that part of the device could remain lodged in the uterus or other internal organs, causing injuries.

The women claim that the manufacturers failed to warn doctors and patients of the risks. As a result, plaintiffs suffered a number of debilitating effects from the Paragard IUD removal. Some women required surgery as a result.

In December 2020, the Judicial Panel on Multidistrict Litigation consolidated dozens of lawsuits across the nation in the Northern District of Georgia under Judge Leigh Martin May. As of June 2023, the first bellwether has been scheduled for January 2024.

If your Paragard IUD broke upon removal, and you experienced serious injury or Paragard side effects, you may be eligible to file a Paragard lawsuit. Women who filed lawsuits claim that Paragard broke during removal, leaving pieces of the IUD in their bodies. Some women required surgery to remove the device and treat complications.

According to Cooper Surgical’s website, “Paragard removal is nonsurgical and done by a health care provider during a routine office visit in just a few minutes.” The arms of the device should fold up when removed, according to the instructions for removal included in the prescribing information.

If you experienced injury because of Paragard IUD removal, you may qualify to receive compensation for pain and suffering, medical bills or lost wages. Before moving ahead with litigation, it is important to speak to a lawyer to review your options and the specifics of your case.

Paragard manufacturer Cooper Surgical continues to make claims about the device’s safety and benefits. However, several women have already filed lawsuits after suffering injuries upon removal of their IUD.

Medical researchers investigating IUD side effects have also recommended improved protocols when removing Paragard IUDs.

Georgia Bowers v. Paragard

Georgia Bowers filed her suit against Teva and Cooper Surgical in September 2020. She received her Paragard in January 2017. In September 2017, she visited her doctor to have the IUD removed.

An ultrasound revealed the device was incorrectly positioned. Bowers’ doctor followed instructions for removing the IUD, but only part of it came out. One arm was missing. Bowers’ doctor tried to remove the broken piece by colposcopy but failed.

“At all relevant times, the Teva Defendants had knowledge that there was a significant increased risk of adverse events associated with Paragard IUD, including arm breakage, and despite this knowledge the Teva Defendants continued to manufacture, market, distribute, sell and profit from sales of Paragard IUD,” Bowers’ lawsuit said.

Carley Tredway v. Paragard

Carley Tredway filed her suit against Teva and Cooper Surgical in September 2020. Tredway received her Paragard in 2008. In 2018, she went to get her Paragard removed.

Her doctor followed the instructions to remove the IUD, but one arm remained in the uterus upon removal. Tredway’s doctor removed the remaining arm via hysteroscopy a month later.

“Prior to her procedures, Plaintiff and her doctors were provided with no warning from the Defendants of the risk of Paragard IUD failure and injury, nor were Plaintiff and her doctors provided with adequate warning of the risk of removal of ParaGard IUD,” Tredway’s complaint said. “This information was known or knowable to the Defendants.”

The Paragard litigation is in progress and as of August 2023, there has been no global settlement. If an out-of-court settlement isn’t reached, the first trial cases will begin in 2024.The result of these first trial cases will provide an indication of the court’s verdict and possible settlement amounts.

Prior IUD cases like the Mirena IUD settlement can provide some indication of lawsuit settlement amounts. In August 2017, Bayer offered $12.2 million to settle 4,600 lawsuits after women successfully sued the manufacturer for claims that their IUD moved around in the body and punctured or injured organs.

Settlements can sometimes be reached before a trial begins or once it is underway. Monetary settlements for damages can vary significantly based on the details of an individual case. Settlement talks generally start once the first few test cases go to trial and juries award verdicts.