Paragard Lawsuits

As of Nov. 16, 2023, there are 2,283 pending cases in multidistrict litigation against Paragard. MDL 2974 is before Judge Leigh Martin May in the Northern District of Georgia. 

Plaintiffs are seeking compensation for injuries sustained as a result of Paragard’s copper intrauterine device. Suits allege that the manufacturers failed to warn users of the risks of a design flaw that resulted in serious complications and in some cases required surgery.

Because these lawsuits are MDLs, claimants keep their status as plaintiffs when the case goes before the courts or to mediation. This differs from class-action lawsuits, where one or more representative plaintiffs file a lawsuit on behalf of a group of injured parties. MDLs only exist in the federal justice system.

The Paragard IUD lawsuits all focus on an alleged design flaw that led to the IUD device breaking during removal and leaving part of the device lodged in the uterus. As a result, users claim to have endured a number of debilitating effects from the IUD, in some instances requiring surgery.

In addition to these risks of injury, research indicates women who use copper IUDs may experience an increased risk of side effects, including bacterial vaginosis and irregular menstrual bleeding. Medical researchers investigating IUD side effects have recommended improved protocols when removing Paragard IUDs.

Claims Against Manufacturers

In 2021, the U.S. Food and Drug Administration registered more than 3,290 instances of Paragard devices breaking, with 2,000 of those cases listed as serious. However, at this time, Paragard and its owners, Cooper Surgical and Teva Pharmaceuticals, continue to make claims about the device’s safety and benefits.

Has There Been a Paragard IUD Recall?

The Paragard IUD was recalled in 2014 because of problems with sterility. No injuries were reported because of this recall.

In 2019, the FDA issued the company a warning letter for false or misleading information presented in Paragard television ads. The device was placed in the FDA’s Adverse Event Reporting System in 2021.

If your Paragard IUD broke upon removal and you experienced serious injury or Paragard side effects, you may be eligible for compensation.

Compensation can be for injuries that cause physical, financial and emotional hardship. It can also help pay for medical treatments, replace lost wages and ease any pain or suffering.

It is important to speak with a lawyer to review your options and the specifics of your case.

The Paragard litigation is in progress, and the first trial cases will begin in 2024 if an out-of-court settlement isn’t reached.The result of these first trial cases, called bellwether cases, will provide an indication of the court’s verdict and possible settlement amounts.

It is important to remember that a verdict is the decision in a court proceeding. A judge or a jury can deliver it, and it can include damages. A settlement is an agreement reached out of court between the two sides. The court approves it, and it can also include damages.

Settlements can 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 negotiations usually begin after the first test cases go to trial and the court’s position has been made clear.

In other IUD lawsuits, women sued Bayer for claims that its Mirena IUD moved around in the body and punctured or injured organs. Bayer offered a settlement of $12.2 million to settle 4,600 lawsuits.