Legally Reviewed and Edited by: Terry Cochran

Published on: June 22, 2024

Paragard is a popular non-hormonal intrauterine device (IUD) used by many individuals for reliable birth control. It’s been available since 1988 and is one of the first FDA-approved IUDs on the U.S. market.

Since its introduction, users have faced unexpected issues such as device breakage and complications, leading to harm. Due to these adverse effects, nearly 2,773 people have filed lawsuits against the manufacturer, alleging negligence and seeking compensation.

If you have been harmed by a Paragard IUD and are considering legal action, you may have questions about the process and what to expect. Get answers to the following Paragard lawsuit FAQs and learn how our product liability attorneys at Cochran, Kroll, & Associates, P.C. can help you win your compensation claim.

How Does a Paragard IUD Work?

A Paragard IUD is a small, T-shaped device made of plastic and wrapped with a thin layer of copper. It’s inserted into the uterus by a healthcare professional during an office visit. Once in place, the copper continuously releases small amounts of copper ions into the uterus. These ions create an environment toxic to sperm, preventing them from fertilizing an egg.

Unlike hormonal IUDs, Paragard doesn’t use hormones; instead, it relies solely on the natural spermicidal properties of copper. This makes it a long-term, non-hormonal birth control option, effective for up to 10 years. It’s a convenient choice for those looking for reliable contraception without the use of hormones.

What are the Risks of Using a Paragard IUD?

Using an IUD is generally safe, but some users have experienced serious complications that have led to Paragard IUD lawsuits. The most commonly reported side effects and damages include:

• Device breakage. The IUD can break during insertion, removal, or while in the uterus. Broken pieces can cause injury, require surgical removal, and lead to infections or other complications.
• Expulsion. The IUD can partially or completely slip out of the uterus, often due to improper placement or the body’s natural response. This expulsion reduces its effectiveness and can cause pain or bleeding.
• Increased menstrual bleeding and cramps. The copper in the IUD can cause an inflammatory response in the uterus, leading to heavier periods and more intense menstrual cramps.
• Perforation. In rare cases, the IUD can puncture the uterine wall during insertion. This can lead to severe pain and internal bleeding and may require surgery to repair.
• Infection. The insertion process can introduce bacteria into the uterus, increasing the risk of pelvic inflammatory disease (PID), which can cause chronic pain and infertility if not treated promptly.

Who Manufactures Paragard

One common Paragard lawsuit FAQ is who is responsible for manufacturing, marketing, and selling the IUD. The device was initially manufactured by Teva Pharmaceuticals, a global pharmaceutical company.

In 2017, Teva sold the rights to Paragard to CooperSurgical, which now handles its marketing and sales in the United States. Depending on when you received your Paragard IUD, either Teva Pharmaceuticals or CooperSurgical could be held accountable in a lawsuit.

If you experienced complications with your Paragard device, speak with our attorneys at Cochran, Kroll, & Associates, P.C. We will help you identify the responsible party and file a claim for damages.

What is a Paragard IUD Lawsuit?

A Paragard IUD lawsuit is a legal claim filed by individuals who have experienced complications or injuries from using the Paragard intrauterine device. Under product liability law, manufacturers are responsible for ensuring that their products are safe for consumer use and providing adequate warnings about any potential risks. If a product is found to be defective or dangerous, the manufacturer can be held accountable.

In these Paragard IUD lawsuits, plaintiffs allege that Teva Pharmaceuticals or CooperSurgical were negligent in designing, manufacturing, or marketing the Paragard IUD. They claim the companies failed to properly warn about risks such as device breakage, expulsion, uterine perforation, and increased menstrual bleeding, making them liable for associated damages.

What Should I Do If I Suffered Complications With My Paragard IUD?

If you suffered complications with your Paragard IUD, take immediate action to protect your health and legal rights. Here’s what to do:

• Visit your doctor. Seek medical attention as soon as possible to address any health issues and document your injuries. Inform your healthcare provider about the specific problems you’re experiencing, and ensure they record all complications in your medical records.
• Preserve evidence. Preserve any evidence related to your Paragard IUD, including the device, if removed, packaging, and correspondence with your healthcare provider or the manufacturer. Document your symptoms, treatments, and the impact on your daily life in a journal.
• Speak to a lawyer. Consult a qualified attorney who specializes in product liability and medical device lawsuits. They will help you understand your legal options, evaluate the strength of your case, and guide you through filing a lawsuit.

How Do I Know If I Am Eligible for a Paragard IUD Lawsuit?

One important Paragard IUD FAQ is knowing if you’re eligible to file a lawsuit. You may qualify if you meet the following criteria:

• Suffered actual damages. You experienced physical injuries, financial losses, or other harm due to complications from the Paragard IUD.
• Causal connection. You can provide proof, such as packaging and medical records, that link your injuries or damages directly to the Paragard IUD.
• Statute of limitations. You are within the legal time frame to file a lawsuit, typically within three years of discovering the injury.
• Medical documentation. You have thorough medical records documenting your injuries and treatments related to the Paragard IUD.

The best action is to schedule a free consultation with an attorney. Our team at Cochran, Kroll, & Associates, P.C. can review your case and advise you on your legal options, helping you determine the strength of your claim and the next steps.

Eileen Kroll, a partner at Cochran, Kroll & Associates, P.C., will review your claim using her background as a registered nurse. She combines her medical knowledge with legal experience to thoroughly evaluate your injuries and lasting damages, identify causation, and advocate for your case.

What Evidence Do I Need to Provide for a Paragard IUD Lawsuit?

To strengthen your Paragard IUD lawsuit, you’ll need to gather and present specific evidence. This evidence establishes the connection between your injuries and the Paragard IUD and demonstrates the extent of your damages. Collect the following pieces of evidence to file your claim:

• Medical records. Detailed documentation of your injuries, treatments, and complications related to the Paragard IUD. Examples include doctor’s notes, hospital records, and lab results.
• Proof of device use. Receipts, packaging, or doctor’s notes confirming the insertion and use of the Paragard IUD.
• Injury documentation. Photographs or videos showing physical injuries caused by the IUD.
• Expert testimony. Statements from medical professionals, such as gynecologists, radiologists, or surgeons that link your injuries to the Paragard IUD.
• Personal testimony. A detailed account of your experience, including symptoms and how the complications have affected your daily life.
• Financial records. Bills, receipts, and statements showing medical expenses, lost wages, and other financial impacts.
• Communication records. Any correspondence with healthcare providers or the manufacturer regarding your Paragard IUD issues.
• Witness statements. Testimonies from family, friends, or colleagues who can attest to the impact of your injuries on your life.

Can I Join a Class Action Lawsuit for Paragard IUD Complications?

Currently, there is no class action lawsuit for Paragard IUD complications. However, Paragard cases have been consolidated into Multi-District Litigation (MDL) to streamline the legal process.

MDL is a legal procedure that combines multiple individual lawsuits with similar claims into a single federal court. This approach helps to coordinate pretrial proceedings, avoid duplicate discovery, and save resources. Although handled collectively, each plaintiff in an MDL retains their individual lawsuit and must prove their specific damages.

You have three years from the date of injury to file a product liability claim. You can file a Paragard IUD lawsuit as part of the MDL within this timeframe.

If you have experienced complications from a Paragard IUD and believe you have a claim, consult with a product liability attorney. At Cochran, Kroll, & Associates, P.C., we can help you navigate the MDL process and determine your legal options.

Do I Need a Lawyer to File a Paragard IUD Lawsuit?

Filing a Paragard IUD lawsuit can be complex, making it essential to have a lawyer for a successful outcome. Here’s why you need an attorney and what our legal team can do for you:

• Legal experience. Our attorneys specialize in product liability and understand the specific laws and regulations involved in Paragard IUD cases. We’ve helped thousands of clients win favorable settlements and verdicts, and we can use the same determination and legal skills to work for you.
• Case evaluation. We will assess the details of your case, gather necessary evidence, and determine the strength of your claim. Our team can answer any Paragard lawsuit FAQs you have and help you prepare for negotiations and possible litigation.
• Documentation and filing. We handle all paperwork, ensuring your lawsuit is filed correctly and within legal deadlines. This includes compiling medical records, expert testimonies, and other crucial documents.
• Negotiation. Our attorneys negotiate with the manufacturers and their legal teams to seek a fair settlement. We strive to maximize your compensation while minimizing your stress and involvement.
• Court representation. If your case goes to trial, we will represent you in court, advocating for your rights and seeking maximum compensation. Our experienced trial attorneys will be by your side every step of the way.

How Do Legal Fees Work in a Paragard IUD Lawsuit?

In a Paragard IUD lawsuit, you typically don’t pay any upfront legal fees. Our attorneys work on a contingency fee basis, which means we only get paid if you win your case. If your lawsuit is successful, our fees will be a percentage of the settlement or court award. In Michigan, this is limited to 33%.

This arrangement allows you to pursue justice and compensation without the financial burden of hourly legal fees. It also ensures that your attorneys are motivated to secure the best possible outcome for your case.

What Is the Process for Filing a Paragard IUD Lawsuit?

There are several stages for a Paragard IUD Lawsuit. If you plan to seek compensation through legal action, here’s what you can expect:

• Consultation. Schedule a free consultation with a product liability attorney to discuss your case and determine if you have a valid claim.
• Case evaluation. Your attorney will assess the details of your situation, including medical records and evidence linking the Paragard IUD to your injuries.
• Gathering evidence. Your legal team will collect relevant evidence to build a strong case on your behalf. This can include gathering medical records, proof of device use, injury documentation, and communication with healthcare providers or the manufacturer.
• Filing the lawsuit. Your attorney will draft and submit the legal complaint to the appropriate court, specifying the damages you seek and outlining the evidence and arguments against the Paragard IUD manufacturer.
• Pretrial proceedings. Your attorney will engage in discovery, exchanging information and evidence with the defendant’s legal team and taking depositions from witnesses to strengthen your case.
• Settlement Negotiations. Your legal team negotiates with the defendant to seek a fair settlement, potentially avoiding the need for a trial.
• Trial. If a settlement is not reached, your case may go to trial, where we can present your evidence and argue your case before a judge or jury.

How Long Does a Paragard IUD Lawsuit Typically Take?

The timeline for a Paragard IUD lawsuit can vary, but personal injury product claims typically take several months to a few years to resolve. Since Paragard cases are part of an MDL, they may take longer due to the coordination of multiple similar cases.

The first bellwether trial, which serves as a test case to predict the outcome of others in the MDL, is scheduled for October 2024. This trial could expedite the resolution of other cases if it sets a strong precedent.

The exact duration of your lawsuit will depend on various factors, including the complexity of your case, the court’s schedule, and the parties’ willingness to settle.

What Kind of Compensation Can I Expect from a Paragard IUD Lawsuit?

When filing a Paragard IUD lawsuit, you may be entitled to various types of compensation depending on the specifics of your case. Compensation covers economic and non-economic damages, addressing the full impact of the injuries and complications you have experienced.

Below is a breakdown of damages you can seek in a Paragard IUD settlement:

Win Compensation with Cochran, Kroll, & Associates, P.C.

Take the first step toward winning the compensation you deserve for your Paragard IUD complications with Cochran, Kroll, & Associates, P.C. Our experienced attorneys will meticulously manage your case, leaving no detail overlooked.

Schedule a free consultation today to discuss your case. We can answer your Paragard lawsuit FAQs, explain your legal options, and help you secure the maximum compensation possible for your injuries.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.