Paragard IUD claims and lawsuits are becoming fairly widespread. The medical device was marketed as a safe, long-term birth control method that was easy to implant, use, and remove from patients. The reality of the IUD was anything but. It became increasingly clear that the IUD commonly broke upon extraction, which caused significant physical damage and pain to women. This breakage resulted in internal damage, surgeries, and irrevocable hysterectomies. Some women have also been forced into having a hysteroscopy, laparoscopy, or laparotomy.
If the IUD was properly designed, manufactured, and tested, none of these complications should have occurred.
The Background to the Paragard IUD Lawsuits
The Paragard IUD is a long-term birth control that includes a copper wire coiled around a T-shaped plastic base. This device is inserted into a woman’s uterus by a physician. Once the device is implanted, it stops the fertilization of the egg by blocking sperm movement. If the sperm does reach the uterus, the device will create an inflammatory reaction which will prevent the egg from attaching.
Many women have already filed lawsuits against the medical device manufacturer Teva Pharmaceuticals and CooperSurgical. Teva Pharmaceuticals manufactured the Paragard T 380A, however, Teva sold the Paragard brand IUD to Cooper Companies (CooperSurgical) for $1.1 billion.
Teva Pharmaceuticals marketed this device as safe and easy to remove. Plaintiffs claim the device was incorrectly designed, poorly tested, and misrepresented to the public. Paragard lawsuits allege a dangerous design made the IUD prone to break, which frequently results in additional surgeries or procedures to remove copper fragments. Women are being forced to undergo multiple surgeries, with some being total hysterectomies that remove a woman’s ability to give birth to children in the future.
And to make matters even worse, the claims state the IUD developer knew the risk and withheld this information for years.
The FDA (Food and Drug Administration) originally approved the Paragard IUD in 1984. The FDA is supposed to protect consumers against faulty medical devices. The Paragard IUD is yet another example that shows FDA approval doesn’t guarantee that a medical device is safe. Sometimes new medical devices are created too fast and not enough testing is completed prior to sale.
Compensation for Paragard IUD Claims
If your Paragard claim is successful, the medical device manufacturer may be required to provide compensation for the following:
- Medical Expenses: Compensation may cover past and future hospital bills, rehabilitation, transport services, and other expenses.
- Lost Wages: If you are unable to perform your job as a result of your medical issues, you may be able to collect compensation to recover the amount you would have made had you not been injured. If the medical complications are severe enough to require extensive care and leaves you permanently disabled, you may be entitled to compensation for future lost wages.
- Pain and Suffering: While money may not directly help you with emotional anguish caused by the medical device, it can pay for therapy, which may be needed to manage long-term illness.
- Punitive Damages: Punitive damages are considered punishment and are typically awarded at the court's discretion when the medical device manufacturer’s behavior is found to be especially harmful. In the case of the Paragard IUDs, punitive damages would align well with the cases where a hysterectomy stripped away a woman’s right to have children.
What to Do if You Believe You Have a Case
If you believe you have been injured as a result of a Paragard IUD defect, I recommend the following actions to set yourself up for a successful claim:
- Visit a doctor to document your complications. Record and retain all photos and information associated with this visit.
- Locate the specific dates of your IUD surgery. Collect any documentation you have associated with the original procedure, as well as any follow-up surgeries.
- Determine the manufacturer and model of your medical device. We’ll need to know the exact manufacturer and model for your claim.
- Contact an experienced product liability lawyer and don’t delay. There is a statue of limitations for defective medical device cases, so the sooner you reach out to a lawyer the better.
I'll Protect You and Your Rights
Are you concerned that your Paragard IUD has caused complications? If so, you need an experienced attorney who specializes in medical device defects, recalls, and lawsuits.
I’ve been serving product liability victims in (and around) Houston, Texas, since 2001. I have nearly two decades of experience helping people just like you. There is a lot that goes into a lawsuit against a medical device manufacturer. I’m here to help every step of the way.
Recovering compensation is a lengthy and complicated process. Medical companies will often pressure victims into making hasty decisions. What may seem like a fast and fair settlement can be grossly undervalued and this can degrade your physical, emotional, and financial well-being for many years to come.
Let me protect your rights and help you obtain the compensation you deserve. Call me at 281-929-0110 to set up a free consultation.
Paragard IUD Lawsuit FAQs
Paragard T 380As remain on the market despite being a potentially defective medical device. CooperSurgical hasn’t issued a recall because of breakage issues and the FDA hasn’t issued any recent safety communications or warnings for breakage. In 2019, the FDA did issue a warning letter for false or misleading information about Paragard television ads.
If you experienced complications from a Paragard IUD removal, you may be eligible for a lawsuit. This is especially true if you experienced:
- Fractures during removal
- Embedded IUD in the uterus
- Perforations of the uterine wall
- Organ damage
- Pelvic pain
- Migration of IUD parts to other parts of the body
- A forced hysterectomy or other surgery to remove the copper IUD
My law firm can file lawsuits for anyone who has had a defective IUD implanted inside their body within the State of Texas or Southern District of Texas Federal Court. My law firm also works with firms all around the country that represent victims of defective medical devices.
This answer can be a little complicated. Medical malpractice claims are severely limited in the State of Texas, but we may be able to circumvent strict Texas laws if you have a defective IUD claim or any defective medical device or implant claim.
The claim would be an individual lawsuit. There is not a class action lawsuit filled at this time.
A lawyer or law firm cannot give an exact time frame for any case. We work as hard as we can to get results in all civil litigation cases as we don’t get compensation until the case is settled or won at trial.
It is impossible to estimate a settlement amount because every case is unique. Compensation will be based on known economic damages, as well as non-economic damages.
While there have been no settlements yet, this type of claim does warrant a high settlement because it can directly impact a woman’s reproductive health and her ability to have children.
Free Initial Consultation and No Out-of-Pocket Costs*
If you are injured and believe you have been a victim of someone else’s negligence, call me at 281-929-0110 for a free initial consultation. Or if it is an emergency, please feel free to text me at 832-797-7600.
*As your personal injury lawyer, I will only receive a fee if we recover a settlement or jury verdict for you. In other words, you don’t pay any legal fees unless I make a financial recovery for you!
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