Since 1988, the Paragard intrauterine device (IUD) has been a holy grail for most women. That’s because it uses a copper-based mechanism, leading to fewer side effects. Therefore, this IUD reduces the sperm’s potency without causing any hormonal imbalances.
Usually, these medical devices can prevent pregnancy for up to 10 years because of their 99% effectiveness. Due to that, almost 150 million women all over the world have used Paragard IUDs as a non-hormonal contraception option.
However, everything changed when recent events proved that these devices aren’t completely safe. More than 3,000 women have experienced health complications while removing this IUD from their uterus. That’s why they filed lawsuits against the manufacturers and distributors.
In this blog, we will discuss everything you need to know about the legal route if you were a victim of Paragard IUD breakage.
What Exactly Happened With the Paragard IUD?
Paragard aims to be a hassle-free contraceptive option. However, thousands of women experienced catastrophic health injuries because of this device. They have reported that this birth control device is prone to breakage upon removal. For instance, it fractured inside the uterus when doctors tried to pull it out.
Once the IUD broke into pieces, it migrated to different parts of the woman’s body. They also experienced internal bleeding when the fragments lodged into their organs, leading to perforation and infections.
Due to these health complications, most victims had to undergo life-threatening and expensive corrective surgeries. In some cases, these surgeries led to permanent disabilities like infertility, mobility issues, etc.
Technically, the Paragard IUDs ruptured either because of mechanism failure or the use of low-quality materials. That’s why the victims filed a Paragard lawsuit to seek compensation for their injuries from the manufacturing companies. Today, the legal industry believes the individual payouts will be between USD 25,000 and USD 200,000.
The Paragard IUD Lawsuit: What’s Happening?
In the last few months, there has been a surge in claims against Teva Pharmaceuticals and Cooper Surgical. These claims allege that the manufacturers were negligent while promoting this copper IUD. The lawsuits also allege that they failed to warn women about the dangers of using this ‘supposedly safe’ birth control option.
According to TorHoerman Law, 2,444 Paragard lawsuits are pending as of February 2024. Every lawsuit filed against them is a reminder that corporate misconduct in the medical field can lead to harsh physical and mental consequences.
Most of the plaintiffs reported vaginal pain, uterus perforation, allergic reactions, internal bleeding, etc. Maybe these health complications wouldn’t have been so severe if women were warned about the potential risks.
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How Can You Win the Paragard IUD Lawsuit?
Did you know that the legal industry is doing its best to help the plaintiffs and deliver justice? Take a look at the ways your attorneys can help you win the Paragard lawsuit.
Multidistrict Litigation (MDL)
When most lawsuits against the defendant are similar but from different states, it’s turned into multidistrict litigation (MDL). This legal step centralizes and consolidates similar cases in front of one judge.
The Paragard MDL aims to streamline its litigation process without affecting the outcomes. MDLs can enhance the consistency and efficiency of handling such complex litigation.
With this, the plaintiffs will maintain individual claims and receive consistent rulings. Moreover, this legal proceeding can centralize the discovery process and present a coordinated approach that helps preserve each of the Paragard IUD victims’ claims.
Bellwether Trial
In most class action lawsuits, a couple of cases are taken to determine certain factors. The lawyers, judge, and jury will analyze the weaknesses and strengths of both the plaintiff’s and the defendant’s arguments based on these cases. Consider them as representative samples of how future trials should unfold.
Referred to as the bellwether trials, their outcomes will significantly influence how future settlements and negotiations happen.
Needless to say, these trials are crucial for the Paragard litigation. Right now, bellwether trials for this lawsuit are scheduled to happen in 2025 and will include 10 cases.
Proving Allegations
As mentioned earlier, plaintiffs in the Paragard lawsuits allege manufacturing defects, negligence, and design flaws. That means legal strategies for winning will include presenting evidence to support the allegations. Therefore, your lawyers will rely on the following proof to negotiate claims:
- Medical reports will help prove that the IUD caused damage to mental and physical health.
- They will collect testimonials from women who experienced similar instances to help strengthen the case.
- Doctor’s notes and IUD information will help them argue the reported complications.
- Information about expensive surgeries and other treatments will assist your attorneys in negotiating compensation.
In conclusion, the legal strategies for winning the Paragard lawsuit are complex. Thankfully, with bellwether trials, MDLs, and enough proof, you can win the case. But remember to hire an experienced personal injury lawyer to increase your chances of getting hefty compensation.
All these can offer a promising path toward justice for all Paragard IUD breakage victims and their families.
