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  • Elmiron Lawsuit

    Elmiron Lawsuit

    If you have been using the oral drug Elmiron to treat conditions associated with interstitial cystitis (IC) and are starting to experience vision problems, you may be wondering, What is the lawsuit against Elmiron? While the drug has shown success in treating issues related to IC, recent studies have suggested that the drug could be linked to permanent vision impairment. If you are experiencing vision loss, then you should contact a vision specialist right away—and learn more about your legal options.

    Even if you or your doctor are still unsure whether your symptoms are related to Elmiron, you may want to contact an attorney’s team. A lawyer with experience handling these lawsuits can help you determine if your damages were caused by the drug. A law firm can also tell you more about the intricacies of the lawsuit and help you determine if you are eligible to join the mass tort against the drugmakers. 

    Connecticut Woman Files Elmiron Lawsuit for ‘Permanent Retinal Injury’

    On March 26, 2020, a Connecticut woman filed a lawsuit against Elmiron after she experienced a permanent retinal injury. (United States District Court of Connecticut) The plaintiff had been using the drug since 2005, and she claimed that the drug was causing damage to her vision.

    The lawsuit stressed the importance of eye care specialists being informed of the risks related to Elmiron’s use so that they can monitor the vision of their patients taking the drug more closely. The lawsuit also stated that the drug manufacturer had not given patients, doctors, or the Food and Drug Administration (FDA) adequate warning of the ill effects caused by Elmiron.

    A verdict has yet to be reached for the Connecticut woman, but since the filing in 2020, there have been hundreds of patients who have come forward with similar issues as described by this plaintiff. These lawsuits have since been consolidated into a multi-district litigation action (MDL). If you are experiencing vision changes and have been using Elmiron for a long period of time, you are not alone. With a careful review of your situation, it could be determined that you are owed compensation for your damages.

    What is Elmiron Maculopathy?

    According to Mayo Clinic, maculopathy is a disease that affects the back of the retina and causes difficulty reading, seeing color, recognizing faces, and seeing details in objects. It is a progressive disease that has no cure and can lead to central vision loss. Peripheral vision can be affected, but it is not as common to experience changes to peripheral vision as it is to experience changes to central vision.

    Symptoms of maculopathy include:

    • Blurry spots
    • Dark spots or blank spots that leave gaps in vision
    • Difficulty reading
    • Inability to see color
    • Blurred vision of objects, faces, and lines

    While maculopathy generally occurs as an age-related disease, there are other factors that can lead to it, such as obesity and cardiovascular disease. To determine whether the maculopathy that you are experiencing is related to an underlying health condition or Elmiron, you should seek the advice of a health care professional.

    Then, you can get a case review from a law firm to understand your legal options. Be prepared to share your medical records so that the Mass tort lawsuit attorney can properly investigate and build your case.

    Maculopathy and Pentosan Polysulfate Sodium

    As the only FDA-approved oral medication for the treatment of IC, pentosan polysulfate sodium has been prescribed to thousands of patients since it became available in 1996. While there were originally no studies to suggest that pentosan polysulfate sodium could be related to vision loss, recent studies have suggested otherwise. 

    In 2018, a small study was conducted that revealed that six women taking pentosan polysulfate sodium were detailing symptoms such as difficulty reading and other issues associated with vision loss, despite not having a history of vision problems. (Ophthalmology) As more studies show their results, the correlation between pentosan polysulfate sodium use for IC and visual deterioration continues to increase. 

    This correlation has produced cause for concern among patients that have taken Elmiron and some doctors who prescribe the drug. With evidence pointing to prolonged usage of pentosan polysulfate sodium leading to maculopathy, many patients who are experiencing vision loss and taking the medication are coming forward to file lawsuits.

    Elmiron Injuries and Side Effects

    Some of the most common side effects associated with Elmiron include diarrhea, hair loss, nausea, abdominal pain, and headaches. These side effects may seem alarming at first, but they are fairly common, and there is generally no reason to be concerned unless the side effects worsen over time.

    The more serious side effects of Elmiron include not only changes in vision, but also eye diseases such as retinal hemorrhage, optic neuritis, and amblyopia. If you suffer any of these side effects, then you should notify your doctor right away, as they could be signs of a much more serious issue.

    Due to recent studies, deterioration of vision is a particularly alarming side effect of Elmiron. If you have been taking the drug for an extended period of time, you should immediately notify your eye care specialist if you notice any changes in vision or eye health. 

    How Liability Law Applies to the Elmiron Cases

    Through liability law, most states allow a patient to bring a lawsuit against a drug company due to either a design defect, a manufacturing defect, or a failure to warn the patient of the potential risks associated with taking the drug. 

    In the Elmiron lawsuits, many plaintiffs state that they were taking daily doses for an extended period of time without knowing that the drug could be harmful to their vision. Claimants are also alleging that the drug manufacturer did not provide the public with the proper warning of the long-term side effects and how these risks could affect patients. Because of this, the manufacturer of Elmiron could be held liable for any damages you faced.

    However, you must show that your injuries were the direct result of using Elmiron. If there are other health conditions that are determined to be the reason for your vision loss, then the drug manufacturers may not be held responsible. Major drug lawsuits can be complex and challenging to prove, but a Mass Tort lawsuit lawyer can help you navigate the process. You may want to work with a law firm that is familiar with mass tort lawsuits, as there are many processes and procedures specific to MDLs.

    Filing an Elmiron Lawsuit for Eye Damage

    Injury cases—including mass tort cases—have specific statutes of limitations set by states. However, if you plan to join the Elmiron lawsuit, you still need to make sure that you do so before your state’s deadline to file. 

    While the first trials in the Elmiron MDL have not yet begun, there have already been hundreds of Elmiron lawsuits filed. You may be able to join the existing MDL and start building a case for compensation. 

    If you believe that you suffered vision loss due to prolonged use of Elmiron and want to know more about what the lawsuit against Elmiron is, it is important to get a consultation from a law firm. An attorney will be able to review your case and compare it to other lawsuits that have been filed. By looking through your medical records and other pertinent information, your attorney will be able to help you determine if you should file as part of the mass tort lawsuit.

    Types of Compensation Plaintiffs Could Seek in an Elmiron Lawsuit

    People facing serious vision loss related to Elmiron use could be suffering in a number of ways. Through a lawsuit, you could seek damages for the following costs and losses: 

    • Medical expenses: This could include any emergency care, diagnostic testing, visits to a doctor, ambulance services, surgeries, or other medical treatment you require. This can include compensation for your past, present, and future anticipated medical care needs. 
    • Lost earnings: You may not have been able to earn your usual income while you were suffering symptoms of vision loss. If you’re unable to return to your former career because of vision loss or impairment, you could recover compensation for the difference between your past and expected future earnings. 
    • Out-of-pocket expenses: You could recover compensation for various out-of-pocket expenses, such as for in-home assistance if you require such care. 
    • Non-financial damages: You could suffer serious emotional and psychological challenges after losing your vision. These losses could be recoverable.

    How Do Elmiron Eye Damage Lawsuits Work?

    The mass tort lawsuit against Elmiron is different from a class action lawsuit in a couple of ways. In a class action lawsuit, every plaintiff splits the settlement money evenly, while in a mass tort, the amount of compensation issued depends on each party’s specific situation. In a mass tort, every person who brings a lawsuit will be treated as an individual. 

    The first major step in a mass tort is bellwether trials. Because of the size of mass tort cases, bellwether trials exist to simplify the litigation process. At these trials, lawyers for key plaintiffs will make their cases for the plaintiffs’ damages. These sample trials will give all other plaintiffs in the case a sense of what damages could be available in their own lawsuits. 

    If the bellwether cases are successful, attorneys for the plaintiffs will take the knowledge they received from the trials and negotiate settlements for their clients. Most of the remaining lawsuits will be settled without ever going to trial, though there are sometimes exceptions. 

    Elmiron Lawsuit Criteria

    To qualify for an Elmiron lawsuit, you must show that your symptoms are associated with prolonged Elmiron use and be able to prove that the symptoms you are experiencing are not caused by other health issues. 

    In other words, you’ll need to show that:

    • You took Elmiron as intended and as prescribed by a doctor.
    • You suffered injuries directly as a result.
    • You suffered damages. 

    As mentioned previously, your medical records will play an integral part in your lawsuit. These documents will help your attorney prove that the symptoms you are experiencing can be traced back to Elmiron. It will also allow the attorney to prove that there are no other health issues that could be causing your vision loss. Well-kept records can be the difference between a great settlement and a lesser one. 

    During this time you may feel overwhelmed, but do not panic. If you are not sure if you qualify for the Elmiron lawsuit, you should seek professional advice. Let health and law professionals help you plan your next move. Your lawyer will know how to seek the best possible results for you. 

    Choosing an Elmiron Lawyer

    Choosing the right Elmiron lawyer for you requires research. Do not rush into working with a lawyer just because they are the first with whom you speak. You want to make sure that you are making the correct decision for your situation. You will want to pick a law group that has experience with mass torts and with getting their clients favorable settlements. The Elmiron lawsuit requires an attorney that is not afraid to take on a large corporation while fighting for their client.

    Get a case review from the law firm to ask questions about their experience and how they may be able to represent you. It may be a good idea to get a case review from several firms so you can weigh your options and make the choice that’s best for your case.

    Get Legal Help Today

    If you believe that it is time for you to seek legal counsel regarding your experiences with Elmiron, get connected with a lawyer’s team today. We can connect you with a mass tort lawyer in our network. If you are seeking more information about what the Elmiron lawsuit is, fill out a contact form on our website today to learn more.

    Related Links

    What Is Elmiron?
    How Much Are Elmiron Settlements?
    How Much Do Elmiron Lawsuits Cost?
    Do I Qualify for the Elmiron Vision Loss Lawsuit?

  • A Simple Guide to CPAP Lawsuits and Settlements

    A Simple Guide to CPAP Lawsuits and Settlements

    In June 2021, medical device manufacturer Philips recalled many of their ventilators, constant positive airway pressure (CPAP) machines, and bi-level positive airway pressure (BiPAP) machines. 

    This occurred because the devices posed significant health and safety risks to customers. This recall affects consumers who have used these Philips devices to treat sleep apnea. 

    Determine Whether Your Make and Model Was Recalled


    The following is a comprehensive list of the recalled Philips devices:

    Continuous Ventilator

    • Trilogy 100
    • Trilogy 200
    • Garbin Plus, Aeris, LifeVent

    Continuous Ventilator, Minimum Ventilatory Support, Facility Use

    • A-Series BiPAP Hybrid A30 (not marketed in US) 
    • A-Series BiPAP V30 Auto
    • E30 (Emergency Use Authorization)

    Continuous Ventilator, Non-life Supporting

    • A-Series BiPAP A40
    • A-Series BiPAP A30
    • DreamStation ST, AVAPS
    • SystemOne ASV4
    • C-Series ASV
    • C-Series S/T and AVAPS
    • OmniLab Advanced+

    Noncontinuous Ventilator

    • SystemOne (Q-Series)
    • DreamStation
    • DreamStation Go
    • Dorma 400
    • Dorma 500
    • REMstar SE Auto

    If you are currently using one of these recalled devices, speak with your physician or Durable Medical Equipment (DME) provider to determine the most appropriate options for continued treatment. They might advise you to stop using the device.

    What Is the Role of a Philips CPAP Lawsuit Attorney?


    Your Philips CPAP lawsuit attorney can handle the case and seek a fair settlement or verdict for a person injured by a defective Philips CPAP machine. Mass tort and multidistrict litigation often becomes very complex very quickly. 

    Proper documents must be promptly filed, legal arguments must be presented, and, in some cases, the lawsuit must go to trial before a judge and jury. 

    Attorneys Keep Clients Updated About Their Cases


    Although it is the responsibility of an attorney to handle the details of a case without creating an unnecessary burden on the client, it is also the attorney’s responsibility to consult with the client about important decisions in the case. 

    The Mass Tort Lawsuit lawyer must keep them updated on all important developments. Your Philips CPAP lawsuit attorney can make sure that you are aware of the status of the case from start to finish.

    Attorneys File Documents and Present Arguments for their Clients


    Lawsuits require documents, such as complaints, motions, and discovery requests, to be filed within strict deadlines. These documents often have specific requirements that must be met to keep the case moving through the proper court procedures. 

    Your attorney can make sure these documents are filed when, where, and how they are supposed to be filed. Additionally, they can present arguments to the court if the contents of the documents are in dispute. 

    Attorneys Investigate the Case and Gather Evidence


    Any lawsuit requires evidence. Your attorney can investigate the details of your case to determine the strength of your claim. They can also gather evidence, such as medical records, medical bills, lost wage statements, and witness statements. This information can allow them to determine the extent of your injuries and the amount of compensation you could pursue. 

    The sooner you retain your attorney, the more thoroughly they can investigate the case. Let them get started on their search for admissible evidence to support your claim.

    Attorneys Communicate With Other Parties and the Court

    Lawsuits involve communicating with the defendant and their counsel, with third parties such as insurance companies, and with the court in which the lawsuit is filed. Your Philips CPAP attorney can communicate with these parties on your behalf. 

    They will communicate about details such as discovering evidence, scheduling hearings in the case, and negotiating settlement offers. If the case goes to trial, they will communicate on your behalf to the judge and/or jury to prove your case and fight for the fairest verdict possible. 

    Attorneys Determine the Value of the Lawsuit


    Many factors that go into determining the value of a lawsuit. Your lawsuit attorney can help determine the compensation you could recover. They do this by examining these factors:

    • Medical care and treatment 
    • Physical therapy and rehabilitation
    • Medications
    • Assistive devices 
    • Lost income
    • Projected future lost income
    • Property damage
    • Pain and suffering
    • Emotional damage
    • Diminished quality of life 


    If the lawsuit is based on the wrongful death of a loved one, such as a spouse, child, or parent, additional factors must be considered, such as:

    • Funeral and/or burial costs
    • Medical debts
    • Loss of financial support
    • Loss of consortium (being deprived of the presence of the deceased loved one)
    • Loss of parental guidance, love, and affection
    • Loss of inheritance
    • Pain and suffering, to the deceased loved one and the surviving family 

    What Is the Problem With Philips CPAP and BiPAP Machines?

    The recalled Philips machines use polyester-based polyurethane (PE-PUR) foam to reduce noise when operating. This type of foam carries several risks. First, small pieces of foam may dislodge from the machine and end up in the airway path, where the user can inhale them. 

    These foam particulates can cause a variety of medical problems. Second, PE-PUR foam can give off invisible, toxic, and cancer-causing fumes as it degrades through a process called “off-gassing.” 

    If you were injured or lost a loved one because of using one of the recalled devices, you could file a Philips CPAP machine lawsuit and pursue financial compensation from the manufacturer.  

    What Injuries Are Associated With Philips CPAP Machines?


    The health risks of using the recalled Philips CPAP machines come from two main sources. 

    Foam particles can break loose and end up in the airway path of the machine, causing the user to inhale dangerous compounds that form as the PE-PUR foam deteriorates. These solid particles can irritate the respiratory tract. They also contain known cancer-causing agents.

    Gaseous chemicals can also be released as the PE-PUR foam breaks down. This process is referred to as “off-gassing.” These toxic fumes are much more difficult to detect than foam particles but can cause even greater health problems to the person inhaling them.


    PE-PUR Foam Particles


    Polyester-based polyurethane (PE-PUR) foam is considered safe for handling with your hands. For example, when workers in a factory that produces PE-PUR foam touch the product, they are generally not required to wear protective equipment. PE-PUR foam is most commonly found in household furniture, including sofas and recliners. 

    However, it is not safe to inhale PE-PUR foam particles. Philips states that when PE-PUR foam degrades and breaks down, it can create small toxic particles including diethylene glycol (DEG), toluene diamine isomers (TDA), and toluene diisocyanate isomers (TDI). These particles have appeared as small, black pieces of debris in the device outlets, humidifiers, tubing, and masks of the machines. 

    Machines that have been used in high-temperature, high humidity environments, and devices that have been cleaned using certain methods (such as ozone cleaning) are more likely to produce these particles.

    People who use CPAP machines tend to use them every night as a treatment for sleep apnea. As a result, users of the recalled devices have potentially breathed in these toxic particles over long periods. The more exposure to these particles, the higher the risk of serious injury and illness. Prolonged exposure to toxic PE-PUR particles or off-gassing could cause:

    • Skin, eye, and respiratory tract irritation (damage to the lungs)
    • Asthma
    • Chest pressure
    • Headache
    • Coughing
    • Sinus infection
    • Hypersensitivity
    • Nausea
    • Vomiting
    • Toxic and carcinogenic effects to organs

    Toxic Fumes From Off-Gassing


    In addition to creating toxic particles, the breakdown of PE-PUR foam results in a process called “off-gassing.” As the foam degrades, it releases invisible, odorless gasses the device’s user breathes in when the gasses enter the airway path of the machine. 

    The most dangerous chemical produced by PE-PUR off-gassing is dimethyl diazene, also known as azomethane. Although there is limited data available on azomethane, the oxide of azomethane known as azoxymethane is a carcinogen and has been shown to cause:

    • Tumors in the central nervous system
    • Colon cancer
    • Intestinal cancer
    • Liver cancer
    • Lung cancer
    • Stomach cancer
    • Fetal death

    The Severity of Your Injuries Depends on the Kind of Ventilator You Used

    Among the recalled devices are continuous ventilators and noncontinuous ventilators

    According to 21 CFR § 868.5895, a continuous ventilator is defined as a device intended to mechanically control or assist patient breathing by delivering a predetermined percentage of oxygen in the breathing gas. Adult, pediatric, and neonatal ventilators are included in this generic type of device.

    According to 21 CFR § 868.5905, a noncontinuous ventilator is defined as a device intended to intermittently deliver an aerosol to a patient’s lungs or to assist a patient’s breathing. 

    What Is the Status of Philips CPAP Lawsuits?


    Attorneys across the country are currently accepting Philips CPAP lawsuits. These lawsuits fall into the category of mass torts litigation. This type of litigation occurs when many plaintiffs with similar injuries all sue the same defendant—in this case, Philips. Because the evidence in these cases is likely to be similar, the lawsuits have been brought together in a single district in federal court. 

    This is referred to as a multidistrict litigation, or MDL. Each lawsuit in the MDL remains its own, individual case, and the plaintiffs are each represented by their own lawyers. The Philips CPAP lawsuit MDL was formed on October 8, 2021 and is being overseen by the Honorable Joy Flowers Conti in the United States District Court for the Western District of Pennsylvania. 

    Many Philips device users are anticipated to take legal action.

    Did Philips Know Its CPAP Machines Were Dangerous?


    Philips has admitted that the PE-PUR foam particles and off-gassed chemicals in the recalled CPAP machines were toxic: once in its initial recall notice, and again in a clinical information update. This goes a long way toward proving that the company should take responsibility for the defective machines. 

    Defendants in mass tort lawsuits often try to downplay the dangers of the chemicals to which the plaintiffs were exposed. Philips has made proving this element much easier by admitting that its machines contain dangerous chemicals.

    In addition, there is significant evidence that Philips was aware that the recalled CPAP machines were dangerous as early as 2016. According to an investigation by the Food and Drug Administration (FDA), there were at least fourteen reports between April 2016 and January 2021 stating that CPAP machines were giving off toxic particles and gasses. 

    The investigation concluded that Philips did not adequately respond to these reports and did not conduct proper risk assessments. These findings present strong evidence that Philips allowed its customers to keep using the recalled machines despite knowing the serious health risks they created.

    Fill Out Our Contact Form Today So You Can Begin Working With Your Lawyer

    If you were injured or lost a loved one as a result of using one of the recalled devices, you could file a Philips CPAP machine lawsuit and pursue financial compensation from the manufacturer. Your attorney can aid you significantly in this process.

    Fill out our contact form today to get connected with your Philips CPAP lawsuit attorney and discuss your case. A product liability lawyer serving your area can help you build a case against Philips and pursue compensation from the company.

  • A Simple Guide to Paragard Lawsuits and Settlements

    A Simple Guide to Paragard Lawsuits and Settlements

    Many women have turned to Paragard intrauterine devices (IUDs) for a non-hormonal form of birth control. However, defects in these devices can lead to serious health complications. The arms of the IUD, made with a T-shaped design, can break upon removal, requiring some women to undergo costly surgeries. 

    If you were harmed by one of these intrauterine devices, you may be wondering if there have been any Paragard settlements. These lawsuits are still pending, however, and settlements have not yet been announced. Still, you should know that you could seek compensation through a lawsuit. We’ve prepared this simple guide to Paragard lawsuits and settlements to help you understand more about your legal options. Read on to find out more. 

    Paragard IUDs Break and Lead to Health Problems, According to 3K Women

    The Paragard IUD is T-shaped and made of plastic and copper wire. It is designed to be inserted into the uterus and removed by a doctor during a routine office exam. The manufacturer, CooperSurgical, Inc., claims Paragard is over 99% effective and a safe alternative to hormonal-based contraceptives. Mayo Clinic also describes many benefits of these devices: they can be removed anytime and stay in the uterus for 10 years. 

    However, thousands of women with these IUDs have observed the following defects upon attempting the devices’ removal:

    • Breakage upon removal
    • Broken arms of the IUD can travel and embed in the uterine wall

    This can lead to a range of health complications, which can require additional medical attention.  

    Women may experience symptoms such as:

    • Cramping
    • Bleeding or spotting
    • Organ perforation
    • Infection
    • Infertility

    To fully remove the broken IUD pieces left inside the body, women may need to undergo surgeries such as laparoscopy or laparotomy. 

    Other serious complications can result from Paragard use beyond those associated with breakage and removal. For instance, some women may experience ectopic pregnancies if they become pregnant with an IUD in place. If left unaddressed, this can be fatal. 

    FDA Adverse Event Reporting System (FAERS) Shows the Extent of the Problem

    The U.S. Food & Drug Administration (FDA) keeps records of safety concerns for medical devices. The FDA’s FAERS system shows that tens of thousands of safety reports have been recorded for the Paragard T 380A device.

    Since 1989, the FDA has received reports of:

    • 43,230 device-related issues 
    • 18,085 reports of serious complications
    • 15 death cases

    Among the complications reported, the FDA notes that the following were the most common:

    • Device expulsion (almost 27% of reports)
    • Device dislocation (about 22% of reports)
    • Device breakage (almost 10% of reports)
    • Uterine disorder (almost 10% of reports)
    • Pelvic pain (almost 9% of reports)

    Lawsuits Claim That CooperSurgical Failed to Warn of These Risks

    People who faced these and other complications with a Paragard IUD are accusing CooperSurgical, Inc., of releasing a defective device to the market. Plaintiffs also claim the company did not properly warn consumers of the device’s risks. After all, CooperSurgical marketed the device as easy to remove, yet many faced serious injury during the removal process. Injury victims have since filed nearly 1,000 lawsuits. 

    In December 2020, the Paragard lawsuits were consolidated into a multidistrict litigation (MDL) action. Referred to as MDL 2974, the case will proceed before judge Leigh Martin May in the United States District Court, Northern District of Georgia. The first trials in the case are expected to begin in 2023.

    Are Paragard Lawsuits Individual Lawsuits or Class Action Lawsuits?

    Multidistrict litigation action is a type of mass tort that allows injury victims to bring their complaints against a single defendant for similar damages. The current Paragard MDL represents cases brought together from across the country. 

    While similar to a class action lawsuit, an MDL is unique in certain ways. For instance, plaintiffs will keep their individual lawsuits against CooperSurgical, Inc. However, the cases will be litigated under the umbrella of a single MDL action. This allows for a more streamlined process for the courts. It can also enhance the strength of individual lawsuits, as the large number of cases involved in an MDL can be evidence of their merit. 

    The first trials in the MDL are known as bellwether trials. These are viewed as test trials that can gauge the strength of the plaintiff’s arguments and types of compensation in the case. As mentioned, the first bellwether trials should begin in 2023.  

    Why File a Paragard Lawsuit?

    Filing a lawsuit can take time, and you may even want to hire a Paragard lawsuit lawyer to get the best possible results from your case. However, by filing a lawsuit, you could seek several types of compensation for your injuries and damages. You can also seek justice for the harm you’ve faced because of CooperSurgical, Inc.’s carelessness. 

    You Can Recover Your Financial Losses

    Dealing with the health complications of a broken IUD can be not only painful but costly. You can seek compensation for medical expenses such as:

    • Surgeries needed to remove a broken IUD, such as laparoscopy, laparotomy, or a hysterectomy in the most serious cases
    • Medications needed to treat your pain and other symptoms
    • Emergency room treatment or follow-up doctor’s appointments 

    You may have required several other types of medical treatments to treat your Paragard injuries. These costs could be recoverable.

    Also, you could face impacts on your career because of your injuries. You could recover your income losses, such as:

    • Missed paychecks
    • Reduced earning capacity if your injuries will harm your earning potential in the future
    • Missed tips or bonuses
    • Missed opportunities for promotions

    You Can Recover Your Non-Financial Losses

    Dealing with these health challenges can take its toll on your life and sense of well-being. In especially serious cases, such as if you had a hysterectomy or are now facing an infertility diagnosis, these injuries can be devastating. 

    You could recover compensation for these losses, including:

    • Pain and suffering
    • Mental anguish
    • Reduced enjoyment of life

    Have There Been Any Settlements in the Paragard Lawsuits?

    There have not been any settlements yet in the Paragard lawsuits. As mentioned above, the Paragard lawsuits have not yet gone to trial. Once the bellwether trials begin, plaintiffs will start to get a sense of what forms of compensation could be available in their own cases. 

    Am I Eligible to File a Paragard Lawsuit?

    You could be able to file a Paragard lawsuit if you or your lawyer can show that:

    • You were using a Paragard IUD as intended.
    • The product’s defects directly caused your injuries and damages, such as medical bills.

    This can be a tricky aspect of your case to prove, however. To be successful in your lawsuit, you will need to show a Paragard IUD directly caused your injuries. In other words, another health condition or another form of birth control cannot have been the cause of the injury. 

    If you are unsure whether you have a Paragard IUD or if your IUD caused your injury, an attorney can explain your eligibility to seek compensation. 

    What to Know About Hiring a Lawyer

    While many women harmed by a Paragard device have legitimate claims for compensation, bringing a successful lawsuit can come with certain challenges. For one thing, CooperSurgical, Inc., is a major company that will likely bring significant legal resources to the table to defend itself against Paragard liability claims. 

    You may want to think about hiring a lawyer to help you navigate the legal process. A product liability lawyer can:

    • Explain your legal options and tell you if you have a valid case
    • Investigate your case and help you gather essential evidence
    • Collect expert testimony to demonstrate that a Paragard IUD caused your injuries
    • Communicate with all third parties in the case
    • Represent you during litigation
    • Negotiate a fair settlement
    • Keep you updated on all important developments in your case

    A lawyer will also help you with any of the common roadblocks that mass tort plaintiffs can face. For example, the liable party may try to downplay your case by claiming:

    • You were responsible for your injuries or were somehow negligent.
    • Your injuries and medical bills aren’t as serious as you claim.
    • Your injuries were not caused by a Paragard IUD, but instead, another health problem or pre-existing condition.

    A lawyer with mass tort case experience will be familiar with these common challenges. They will know how to respond to unfair claims and demonstrate your right to seek compensation based on evidence. 

    Other Frequently Asked Questions in Paragard Lawsuits

    Many questions are likely going through your mind if you are considering bringing a Paragard lawsuit, such as:

    When Will There Be a Settlement and What Should I Expect?

    There could be a settlement in the Paragard lawsuits once the trial in MDL 2974 begins. As mentioned previously in this guide, the bellwether trials for this case are expected to begin in 2023. If there is a jury verdict in favor of the plaintiffs—the injury victims in the case—then this could be a good indication that other plaintiffs could receive compensation in their lawsuits. 

    However, it is possible that CooperSurgical, Inc., could reach a settlement with the plaintiffs before these trials conclude. In some situations, the defendant will settle a lawsuit before the jury reaches a verdict in the case.   

    You should expect to get more information from your lawyer as the case progresses. They can keep you updated on any news, or any settlement offers in the case. 

    Can I Bring a Lawsuit After Losing a Loved One?

    Yes, you could bring a lawsuit if your loved one passed away from injuries related to a Paragard IUD. Often, only close relatives (such as a spouse or a child) can bring a wrongful death lawsuit. You may be able to recover compensation for your loved one’s medical bills, funeral expenses, income losses to your family, and emotional hardships related to your loss.

    How Much Compensation Could I Get for My Case?

    It’s not possible to predict exactly how much compensation you could receive in your case. Generally, the amount victims can receive will depend on factors such as:

    • The strength of the case’s evidence 
    • The monetary amount of your medical bills and the seriousness of your injuries
    • Whether the jury determines that CooperSurgical, Inc., was especially reckless or negligent

    However, a previous settlement reached in the Mirena IUD lawsuit case against Bayer could indicate that a settlement is possible. In 2018, the company resolved 4,600 cases through a $12.2 million settlement.

    How Much Does It Cost to Hire a Lawyer?

    You may be able to get legal help without having to pay any upfront costs. Many injury lawyers taking mass tort cases work based on contingency fees. This fee structure allows injury victims to get started on a lawsuit without having to pay out of pocket. Instead, the plaintiff will pay any legal fees out of the final settlement or verdict amount received at the end of the case. 

    In a contingency-fee system, the lawyer will receive payment only if they help the victim win their case. This lightens the financial burden many people may be facing as they file a lawsuit for their injuries.

    However, you should check with the law firm to be sure about how their contingency fees work and the percentage the lawyer will receive at the completion of the case.

    Get Help With Your Paragard Lawsuit

    Filing a lawsuit while you’re facing painful injuries can be overwhelming. However, you can get legal help with your case. A Paragard Lawsuit lawyer can help you navigate the entire legal process from start to finish. They can also keep you updated and tell you if there have been any settlements in the Paragard lawsuit. 

    Many lawyers offer free case reviews. During your call, you can learn about whether you may qualify to file a lawsuit and what next steps you could take. Fill out our contact form to connect with a lawyer in our network today.

  • What Injuries Does the Paragard T 380A Cause?

    What Injuries Does the Paragard T 380A Cause?

    If you’ve had serious symptoms or are concerned about the safety of your IUD (intrauterine device), you may be wondering, what injuries does the Paragard T 380A cause? There are many possible side effects of use, ranging from mild to life-threatening. These could include uterine perforation or even ectopic pregnancy. 

    However, if you’re considering bringing a personal injury case for your harm and filing a lawsuit, specific criteria apply when determining if you suffered injuries according to legal standards. An attorney can help you identify how you could have been injured by a Paragard IUD and help you seek compensation for your damages. 

    What Is Paragard?

    Paragard is a copper-based IUD that CooperSurgical, Inc., makes. The manufacturer claims this intrauterine device is highly effective at preventing unwanted pregnancy—over 99% effective. More than this, many women turn to Paragard because it offers a hormone-free birth control solution through its single active ingredient, copper. 

    The biggest concerns related to the Paragard IUD concern its T-shaped design and tendency to break. The tiny device is intended to be easily inserted into the uterus through a routine doctor visit, but the T-shaped design has led to the following defects after insertion:

    • The IUD may embed in or perforate the uterus 
    • The arms of the IUD may break off and migrate while still in the body or break during removal

    Women who faced injuries from these or other defects may be able to file a lawsuit.

    Paragard Side Effects

    According to the manufacturer, CooperSurgical, Inc., Paragard use could lead to certain side effects—some of which may be very serious. 

    These include:

    • Pelvic inflammatory disease (PID)
    • Serious or life-threatening infection
    • Ectopic pregnancy
    • Uterine embedment of the IUD
    • Uterine perforation
    • Heavier or longer periods or spotting
    • Symptoms following insertion of the device, such as dizziness or even seizures

    Other complications with the IUD are possible, such as expulsion of the device, pain during sex, cramping, or other symptoms. 

    Uterine perforation, embedment, ectopic pregnancy, and IUD migration may require women to undergo surgery to prevent further complications. These surgeries could include laparoscopy, laparotomy, or hysterectomy.

    Contraceptive Failure with the Copper T 380A

    As discussed, CooperSurgical claims that the Paragard IUD is more than 99% effective at preventing pregnancy. However, pregnancy could still occur with the use of these devices. 

    In one scenario, a woman could become pregnant with an IUD in place through an ectopic pregnancy. In these pregnancies, an egg becomes fertilized and begins to develop within the fallopian tubes outside of the uterus. This is a dangerous health condition and may need to be addressed with medication or even surgery.   

    Research has also shown that copper-based IUDs may be less effective at preventing unwanted pregnancies than other types of IUDs, such as hormonal-based devices. (Fertility and Sterility)

    Paragard Dangers

    The U.S. Food and Drug Administration (FDA) maintains a reporting system that records incidents of side effects or dangers of health care products. The reporting system, called the FDA Adverse Events Reporting System (FAERS), can help manufacturers and consumers understand when users associate negative outcomes with a product, which could point to defects in design or manufacturing. 

    More than 40,000 reports have been recorded for the Paragard T 380A in the FAERS database since 1989. Thousands of women have reported issues with breakage, expulsion, uterine disorder, pelvic pain, and embedded devices, among other concerns. Of these reported cases, 15 were fatal. 

    So, while any medical device may come with risks of side effects, women who experienced injury after using Paragard T 380A say the IUD comes with significant dangers. Also, victims claim that CooperSurgical, Inc., released a defective product to the market and failed to properly warn consumers of these dangers. 

    Types of Paragard IUD Injuries

    As mentioned, the Paragard IUD could lead to significant health complications and injuries. These include uterine perforation, embedment, ectopic pregnancy, infections, and PID. 

    Some women have also experienced migration and embedment of the device in other areas of the body, such as the colon. Others have faced infertility after using a Paragard IUD.

    No matter what type of injury you have, you could seek compensation for your health complications if certain conditions are true in your case.

    Am I Eligible to Seek Compensation for My Injury?

    To bring a successful personal injury case and get monetary damages, you will need evidence of the following:

    • You used a Paragard IUD as intended.
    • The Paragard IUD led directly to your injury.
    • You suffered damages as a result, such as medical bills or missed paychecks.

    This means victims will need to show specific kinds of evidence of injury to get compensation. You or your personal injury lawyer will need to show medical evidence of an injury, then link that injury directly to the defective Paragard IUD. Finally, you’ll have to show evidence that you had costs or other losses associated with the injury.  

    This may seem complicated, but an injury lawyer will be familiar with exactly what kinds of evidence will make a strong case. Their team can speak with you during an initial consultation, then explain your options for legal action and financial recovery.

    What You Should Do if You’re Experiencing Symptoms

    If you’re experiencing symptoms, you should talk to your doctor. Concerning symptoms could include pain or cramping, irregular bleeding, or being unable to feel the threads of your IUD inside you, among other concerning symptoms, as CooperSurgical, Inc., notes. 

    Getting medical attention for any injuries immediately is crucial—both for your health and any injury case that you may bring. Without documentation that you suffered an injury, it will be challenging to successfully seek compensation. Also, certain injuries could warrant immediate medical intervention.  

    Your Options for Filing a Paragard Lawsuit

    Many women have filed a lawsuit for damages related to a defective Paragard IUD, and you may be able to do so as well. 

    You may be able to join the existing mass tort against CooperSurgical, Inc., or file your own lawsuit. A mass tort case may result in a settlement or jury award for plaintiffs. An injury lawyer could explain your legal options and help you understand why compensation could be recoverable in your case.

    Damages You Could Recover Through a Lawsuit

    An injury lawsuit attempts to help plaintiffs heal and recover from the damages inflicted by their injury. These damages could be either financial or non-financial and may include:

    • Medical bills: Whether you needed medications, diagnostic testing, surgery, hospitalization, visits to a doctor, physical therapy, or other medical treatment, these could be recoverable. If your injuries are expected to continue affecting you in the future, you could get compensation for your past, present, and future anticipated expenses.  
    • Career impacts: Some injuries leave victims unable to return to work for a short-term period, leading to missed checks. Others may face prolonged health problems and could be prevented from working at their former capacity well into the future. A lawsuit could compensate you for both situations. 
    • Your suffering: A serious injury can upend your life and well-being. A lawsuit could compensate you for pain and suffering, mental anguish, scarring and disfigurement, and other non-financial losses.

    For Those Who Lost a Loved One 

    Losing a loved one to their injuries is not only devastating but financially stressful for partners and families. Through a wrongful death lawsuit, you can work to hold the liable party accountable and seek compensation for the following:

    • Medical expenses required by your loved one before their passing
    • Funeral and burial costs
    • Income losses for your family

    You could also seek damages for your pain and suffering and other emotional hardships of your loss.

    The Status of the Paragard Lawsuits

    At this time, the Paragard lawsuits have been consolidated into a multidistrict litigation (MDL) action. This brings lawsuits from across the country into a single mass tort case. MDLs allow for a more efficient court process and can help victims boost the strength of their individual lawsuits. 

    You may be able to join the existing MDL and seek compensation for your unique losses. One advantage of these types of mass torts is that they allow victims to maintain their individual lawsuits even after consolidation, and victims can recover awards, or a settlement based on their unique damages. In other words, victims do not simply split a pool of winnings evenly at the conclusion of the case.

    MDLs are a complex form of litigation, so you may want a lawyer with mass tort experience to steer your case. MDLs feature bellwether trials, which are the initial trials in the case that are used to test out the arguments of the plaintiffs and determine the potential for recovering damages for other plaintiffs. The first trials in the Paragard MDL are expected to take place in 2023.  

    How a Lawyer Can Help with Your Lawsuit

    An attorney can handle every step of your case. If you’re still in pain or recovering from your injuries, you may want to take advantage of the convenience of legal help. This way, the lawyer can handle the day-to-day tasks and challenges involved in your lawsuit while you focus on your recovery.

    An attorney can: 

    Investigate and Build Your Case’s Evidence

    As discussed earlier in this article, successfully bringing an injury lawsuit depends on building certain kinds of evidence for your case. A lawyer will understand how to do this, using sources such as:

    • Your medical records
    • Statements from your doctor
    • Expert witness testimony
    • Statements from your employer

    Many other forms of evidence could be useful in your Paragard lawsuit.

    Argue for Your Best Possible Financial Recovery

    Your lawyer will represent your best interests throughout the process of your case. They may work with the liable party’s attorneys and other parties to seek the highest possible financial compensation available to you. 

    A lawyer’s skills in negotiation could prove beneficial here. Many MDLs are resolved through settlements reached with the plaintiffs. In other situations, the jury will issue a verdict that the defendant must pay; then, the attorneys representing the plaintiffs will argue for their clients’ individual compensation. In either situation, your lawyer’s ability to negotiate for your best results could help you seek your due.

    Keep You Informed Throughout the Process

    Being in the dark during a lawsuit can be frustrating for victims. A product liability and personal injury attorney can guide you through each step, updating you with important news and changes. They can tell you when and if a settlement is expected and what types of damages you could receive. 

    Frequently Asked Questions in Paragard Lawsuit Cases

    Now that you know more about what injuries the Paragard T 380A causes and how to go about seeking compensation, you likely have more questions about these cases. Here are some answers to the most common Paragard questions. 

    Has the FDA Issued a Recall of Paragard T 380A?

    The FDA has not yet issued a recall of the Paragard T 380A. The FDA has collected thousands of records of adverse events related to the device, however, and the agency makes this data available to consumers online. 

    Should I Hire a Lawyer?

    This is a personal choice, but you may find a lawyer’s help highly beneficial during the complex litigation process. The defendant in the Paragard case, CooperSurgical, Inc., is likely to come well prepared with a team of corporate lawyers. This could be a bewildering defendant to face without legal help. 

    How Much Does It Cost to Hire a Lawyer?

    Many injury lawyers work based on contingency fees, placing legal help within reach for many victims. Working on contingency means you won’t have to pay any upfront fees to get started, and the lawyer’s fees will come out of a settlement or award you receive. 

    We Are Your Allies & Advocates Every Step of the Way

    If a Paragard T380A caused your injuries, a Paragard Lawsuit attorney will know what to do to help you take legal action. You could get a free case review from a lawyer’s team today. Fill out our online contact form to get connected with a lawyer in our network. 

  • Paragard Class Action Lawsuits

    Paragard Class Action Lawsuits

    There are no Paragard class action lawsuits, but plaintiffs are seeking compensation for damages through a multidistrict litigation (MDL) action. In an MDL, injury victims consolidate their individual lawsuits against a single defendant into one mass tort. MDLs have some distinct advantages over class action cases. 

    A lawyer with experience handling mass tort lawsuits can help you navigate the complexities of a Paragard lawsuit. If a defective Paragard intrauterine device (IUD) harmed you, you could seek compensation for your medical bills, pain and suffering, and other damages. 

    The Paragard IUD Uses and Risks

    The maker of the Paragard IUD, CooperSurgical, Inc., lists many benefits associated with the product. The manufacturer claims its IUD can be inserted and removed during a routine doctor’s office visit and that the device is 99% effective at preventing an unwanted pregnancy. Women can remove the IUD as they see fit within a 10-year period. The IUD’s copper-wire construction also means women can get access to non-hormonal birth control.

    However, despite these benefits, the Paragard IU carries a risk of defects that could cause serious health problems for users. The device’s T-shaped design is the source of these concerns, as the IUD’s arms may break off. The Paragard T 380A has been known to break upon removal or migrate within the body before it is removed, which could lead to serious health complications.

    Complications with the Paragard IUD

    Depending on how the Paragard IUD’s defects occur, the following health complications are possible:

    • Side effects, such as menstrual cramping, spotting, pain
    • Infection, including pelvic inflammatory disease (PID)
    • Device embedding in the internal organs, including the uterus or colon 
    • Organ perforation or damage, such as uterine perforation
    • Infertility

    Other possible complications related to the Paragard IUD include ectopic pregnancy. In these rare cases, women can become pregnant while the IUD is still in the body.  

    Reports to the FDA Show the Risks of Use

    According to the reports the U.S. Food & Drug Administration (FDA) received, thousands of women have noticed side effects or serious complications related to the Paragard T 380A IUD. Through data the FDA’s Adverse Events Reporting System (FAERS) collected, more than 40,000 total reports have been made to the FDA regarding issues with the device since 1989. Of these cases:

    • More than 18,000 reports were designated as serious
    • The top reported complications included IUD expulsion, dislocation, and breakage, along with uterine disorders and pelvic pain  

    While the FDA still has not recalled the Paragard IUD, these reports show the seriousness of the problem with some defective devices. 

    The Brain Injury Linked to IUDs

    Certain IUDs have been linked to the potential for brain injury. In particular, some studies have shown that hormonal-based IUDs, such as Mirena, could lead to an increased risk of idiopathic intracranial hypertension or pseudotumor cerebri. (Neuroophthalmology) This condition can increase pressure inside the skull, and its cause is currently unknown. (MedlinePlus)

    Research has not yet discovered a clear causal link between other non-hormonal IUDs (such as Paragard) and brain injury. If you believe a defective Paragard IUD could have caused your brain injury, a lawyer can investigate your case and explain your legal options. 

    Paragard Lawsuit Settlement Amounts

    No settlements have yet been reached in the Paragard lawsuits, as litigation in these cases is pending. 

    Paragard IUD lawsuits were consolidated into an MDL action in December 2020. The case will proceed through the United States District Court in the Northern District of Georgia. However, the first trial in the case has not yet been set. Still, it is expected to begin sometime in 2023.

    Women Harmed by a Paragard IUD Could Seek Compensation

    If you were injured after using a defective IUD, you could file a lawsuit and seek compensation for your damages, including:

    Medical Expenses

    You could recover the costs of treating any health complications that resulted from IUD use, including:

    • Hospitalizations
    • Emergency room care
    • Visits to a doctor
    • Surgeries, such as laparotomy, laparoscopy, or hysterectomy
    • Medications

    Career Losses

    When you’re facing serious injuries, your career could be affected. You could recover compensation for your:

    • Lost wages, including your missed paychecks
    • Reduced earning capacity if your ability to earn income will be affected in the future
    • Missed tips, bonuses, or promotion opportunities

    Non-Financial Losses

    Major health challenges could take a toll on your well-being. Your recoverable non-financial losses may reflect your:

    • Pain and suffering 
    • Mental anguish
    • Reduced enjoyment of life

    Wrongful Death Damages

    Those who lost a loved one to complications related to a Paragard IUD deserve to seek compensation for their many losses, including:

    • The cost of your loved one’s medical care before their death
    • Funeral and burial expenses
    • Lost income to your family
    • Pain and suffering and other non-financial damages

    How Do I Know if I Can File a Paragard Lawsuit?

    It can be challenging to understand if you have a case on your own. Getting a case review from a lawyer’s team is one of the best ways to confirm your eligibility and legal options. However, know that you could have a valid case if:

    • You use/used a Paragard IUD for birth control.
    • You used the product as intended and as a doctor instructed.
    • You were injured as a direct result of the product’s defects.

    You should have a clear record of injury as documented by a doctor or another medical professional. Your medical records or statements from a doctor will be important to build your case for compensation. 

    If you have symptoms of injury and have not yet seen a doctor, be sure to get medical attention promptly. Again, this is not only important for your health, but for the purposes of any injury case you may bring. 

    Benefits of Hiring a Lawyer

    If you’re considering filing a Paragard lawsuit, you may want to work with a lawyer to help you navigate the process. An injury lawyer is typically the type of attorney that would handle Paragard IUD suits. You may also want to work with an injury lawyer who handles mass tort cases.

    Hiring a lawyer is a big decision to make. However, you may find that legal help is invaluable for many reasons. When you work with an injury lawyer, you can:

    Hand Over the Legal Tasks While You Focus on Recovery

    Depending on how seriously you were injured, you may not be physically, mentally, or emotionally well enough to handle the demands of a lawsuit. A lawyer can manage both the major and the day-to-day tasks of your case, including:

    • Submitting important paperwork
    • Keeping track of important deadlines
    • Communicating with all third parties in the case
    • Gathering crucial evidence to demonstrate liability and your losses

    You will need to show compelling evidence to make a financial recovery in a Paragard IUD case. Specifically, the evidence must show the Paragard IUD directly harmed you and not another injury source. A lawyer may gather expert testimony to demonstrate the medical validity of this claim.

    Navigate the Mass Tort Process and Procedure Smoothly

    Multidistrict litigation action is complex. Hundreds—if not thousands—of lawsuits from across the country can be consolidated into these mass torts. They involve unique procedures, such as bellwether trials, and often involve major corporate entities as the defendants. Trials can go on for months or even the better part of a year. 

    Successfully steering your case through an MDL is no small task. A mass tort lawyer will know how to handle every step, however. 

    Understand What a Fair Offer Looks Like

    One of the biggest reasons to work with a lawyer for any injury case—including a mass tort lawsuit—is that a lawyer will have a good idea of what your settlement should look like. Once the attorney investigates your case’s facts, they will get a sense of how serious your injuries and losses may be. They can then use this evidence to argue for a fair payout.

    Understanding Paragard Lawsuits: Class Action Lawsuits vs. Multidistrict Litigation

    As mentioned earlier in this article, multidistrict litigation is like class action lawsuits in some respects. Both are forms of mass torts that bring together many cases with a single defendant in common. Often, the plaintiffs in both types of mass torts are facing a similar type of injury, which is why their cases have been consolidated.

    However, class action lawsuits are not the same as MDLs. 

    • In a class action case, plaintiffs do not maintain their own individual lawsuits. If they are eligible to be a part of a class action case, they are eligible to either opt in or opt out of the mass tort. If they opt in, they could be entitled to seek whatever compensation eventually results from the lawsuit. However, they may not have the same power to argue for unique damages based on their unique losses. 
    • In an MDL, plaintiffs maintain their own distinct lawsuits against the defendant. When there is a settlement or a verdict in the case, plaintiffs will be able to seek a unique amount of compensation based on the unique damages in their cases. For instance, someone who had a hysterectomy because a Paragard IUD punctured their uterus will likely have severe damages. They could collect more compensation than those with lesser damages.

    Bellwether Trials Can Signal How Cases Will Develop

    Another unique feature of an MDL is the bellwether trial. Bellwether trials, also called model trials or test trials, can help the plaintiffs gauge the damages available in the case. They put forward a few key lawsuits in the case. If these cases are successful, this generally indicates that a settlement or verdict could be possible for others in the MDL. So, while there is no Paragard class action lawsuit, plaintiffs can seek damages unique to their situations through the existing MDL.  

    In both MDLs and class action suits, plaintiffs can build strength for their cases based on the sheer numbers of other plaintiffs facing similar harm. It will be more challenging for a corporation like CooperSurgical, Inc., to dismiss the claims of hundreds of injury victims than it may be to deny the claims of a few. 

    Frequently Asked Questions

    Bringing a Paragard lawsuit can be confusing for those who have never been involved in a mass tort. Here are some answers to common questions about these cases:

    Is There a Paragard IUD Recall?

    As mentioned, there has not been a recall issued for the Paragard IUDs. However, the FDA has recorded thousands of reports of adverse outcomes related to Paragard IUDs, many of which reported breakage problems with the device.

    The FDA has also submitted warnings to CooperSurgical, Inc., regarding the Paragard IUD, such as a warning letter from February 2021. In this communication, the FDA noted that recent advertising of Paragard violated the FDA’s Bad Ad Program, as it listed the many benefits of the product without properly warning of its risks. 

    How Much Does It Cost to Hire a Lawyer?

    Hiring a personal injury lawyer seems prohibitively expensive for many people. However, it’s important to know that injury lawyers often work based on contingency fees. These fees can mean little to no financial risk is involved for the injury victim. This is because:

    • The lawyer will receive payment only upon successful resolution of the case.
    • The fees come as a percentage of the settlement or award received.
    • State bars set maximum percentages that lawyers can take for contingency fees to ensure victims receive most of the funds from their winnings.

    In other words, you do not have to pay out of pocket to hire a lawyer. When you get a case review, ask the law firm to describe how their contingency fees work and what you should expect. 

    Get a Consultation Today About the Paragard Class Action Lawsuit

    You don’t have to deal with the challenges of a mass tort case on your own. A mass torts attorney can help you pursue the recovery you deserve after an injury from a Paragard IUD. To connect with a lawyer in our network and get a free case review today, fill out the contact form online. 

    Related Links

    Is There a Lawsuit Against Paragard?
    Why is Paragard Being Sued?
    What Injuries does the Paragard T 380A Cause?
    A Simple Guide to Paragard Lawsuits and Settlements
    Where are the Paragard Lawsuits Being Filed
    What to Know About Copper Toxicity
    What Is the Criteria to Claim a Settlement Amount in a Paragard Lawsuit?

  • How Much Are Elmiron Settlements?

    How Much Are Elmiron Settlements?

    Litigation over vision loss claims linked to Elmiron use is in its early stages, so no settlements have been reached, and it is unclear how much Elmiron settlements are worth. If you take Elmiron and are experiencing vision problems, you may be entitled to financial compensation. 

    Some observers say long-term Elmiron use can damage users’ retinas and cause other eye problems. Certain studies indicate that using Elmiron regularly can lead to impaired vision or even blindness. You can explore your legal options with a Elmiron Mass Tort lawyer in our network who can help you pursue legal action against the drug’s maker to recover an Elmiron lawsuit payout.

    Why Is the Elmiron Lawsuit Underway?

    Plaintiffs who are suing Janssen Pharmaceuticals, the maker of Elmiron, say the company knew about the medication’s dangers yet continued to manufacture it. They also allege the company failed to warn doctors and patients about the drug’s risks and did not update the drug’s safety warning. 

    People who have internal cystitis (IC) are sometimes prescribed Elmiron to help relieve this condition. The drug creates a protective mucus coating in the bladder wall that is supposed to prevent bladder irritation. It eases some of the discomforts that people with this condition have. Despite the drug’s benefits, some allege that Elmiron causes eye damage when used extensively over time. 

    How Long Will an Elmiron Settlement Take?

    At the time of this writing, global settlements are on the table. It may be challenging to predict how litigation will proceed until individual cases have been tried in court. Currently, the first trial in Elmiron litigation is scheduled for a January 2023 start date. The continuing threat of COVID-19 could delay the trial date, so this is something to keep in mind. 

    Also, defective drug cases are more complex. Because there is a lot of medical data to wade through, cases like this often take much longer than other product liability cases. The January 2023 trial is what is known as a “bellwether trial.” These trials often set the stage for what comes next. 

    How Much Compensation Can You Expect to Get for an Elmiron Lawsuit?

    As of this writing, all current Elmiron cases have been grouped into multidistrict litigation (MDL). The courts will sometimes combine all cases into an MDL to streamline the legal process. While an MDL combines all the cases, not every victim would get the same amount of compensation if a global settlement is reached.

    Your Elmiron lawsuit payout amount would depend on several factors unique to your case. Some of these may include:

    • How much Elmiron harmed your vision
    • How Elmiron damage affects your physical and mental health 
    • How much pain and suffering Elmiron has caused you
    • How much pain and suffering you can reasonably expect in the future because of Elmiron damage
    • Your medical bills for treatment due to Elmiron complications
    • Future medical bills related to Elmiron damage
    • Your lost earnings after being out of work because of Elmiron 
    • Loss of future earnings if you cannot return to work because of Elmiron damage

    Remember that Elmiron litigation is still early and ongoing. Generally, in product liability cases, the higher the amount of damage to the victim, the higher the amount of financial compensation they receive. 

    How Can I Pay My Medical Bills in The Meantime?

    It’s no secret many Americans struggle to pay their medical bills. Healthcare expenses are one of the leading causes of bankruptcy in the United States, according to the American Public Health Association. Compounding these difficulties is the confusing nature of healthcare fees. Many people don’t understand what they are being charged for and may not realize when they are being overcharged. 

    If you feel you are being overcharged for your medical expenses or need to find a way to pay for treatment while you wait to see if your Elmiron case is successful, there are ways to make your medical bills more manageable. Below are four strategies you can use to stretch your finances for the ever-growing cost of healthcare in our country.

    Get an Itemized Bill

    Many patients do not know what they are being billed for. Start by asking your medical provider for an itemized bill for services. As you review these items, you may spot errors that can be corrected in your favor. 

    While getting the itemized bill will not lower your bill by itself, you may find you are being billed for services or tests you never received. 

    Make Sure Your Charges Are Accurate

    With growing complex insurance requirements, medical bills are bound to have errors. When you receive your bills, review your benefits forms. Make sure you owe the amounts listed under your current insurance plan. 

    You can also check to see that you are being billed only for charges your insurance policy does not cover. When you check your policy’s coverage specifics and find you are being billed for charges your insurance should have paid, call your provider for answers.

    If, after checking with your explanation of benefits for your insurance carrier, you see discrepancies in your bill, call the doctor’s office or hospital’s billing department. Ask the staff to explain any unfamiliar medical codes or changes you did not authorize. Ask the billing department to help you understand your bill in detail. Request an adjusted bill when you spot mistakes. 

    Request a Discount for Paying the Balance in Full 

    If you do owe the full amount on your bill, call the medical billing office. Ask them for a discount for paying the full amount in one payment. If your finances do not allow that, ask for a discount if you pay the entire bill in 30 or 60 days. 

    If you did not have insurance when you had medical procedures, you likely were billed at higher rates. Offering to pay the entire fee up front can be an easy and quick way to shave precious dollars off the bill. You may also consider contacting the hospital or doctor’s office before you receive services. Let the billing department know you are worried about your ability to pay. Ask for a discount. Many patients are surprised by how often asking for a discount works in securing a lower fee. 

    Finally, consult the Healthcare Blue Book. This online resource lists the average costs for medical procedures, doctors, and hospitals across the country. Having this data handy can help you negotiate a more favorable bill if you live in a higher-than-average area for medical expenses. 

    Request a Payment Plan

    If you have combed over your bill only to find it is accurate and cannot get a discount, ask the billing department for a payment plan. Many healthcare professionals offer no-interest payment plans to help those struggling with healthcare’s rising costs. A payment plan can let you pay the bill over an extended period without adding interest.

    The medical provider’s billing department may help you calculate the monthly payment that works best for you, and you may also get a discount if you make a 10% to 30% upfront payment when you start your repayment plan. 

    How Much Have Other People Gotten in Pharmaceutical Lawsuits?

    The pharmaceutical industry has seen significant verdicts in United States legal channels. But filing a lawsuit should never be seen as a way to get rich quickly. The legal process can last for years, with significant time, money, and effort needed to sustain the legal challenges necessary to persuade a jury that you were the victim of negligence.

    Filing a lawsuit can be viewed as a way to bring those who have wronged consumers to justice. It should also be viewed as a way to receive financial compensation for your pain and suffering and financial losses stemming from the company’s negligence. When a company that releases a defective drug withholds valuable information from doctors, your medical providers cannot give you the best care because they don’t have accurate information.

    Considering all of this, Pharmaceutical Technology comprised a list of the 10 largest pharmaceutical lawsuits, which are:

    10. Amgen – $762 million

    9. Bayer and Johnson & Johnson – $775 million

    8. TAP Pharmaceutical – $875 million

    7. Merck – $950 million

    6. Eli Lilly and Company – $1.4 billion

    5. Abbott Laboratories – $1.5 billion

    4. Johnson & Johnson – $2.2 billion

    3. Pfizer – $2.3 billion

    2. Takeda Pharmaceutical – $2.4 billion

    1. GlaxoSmithKline – $3 billion

    When looking at the above list, consider these examples as exceptions to the rule.

    Has There Been an Elmiron Lawsuit Settlement Yet?

    As of this writing, there have not been any settlements in Elmiron litigation. Because the first case is not scheduled until January 2023, it is unlikely there will be any settlement discussions between the two sides until 2023 at the earliest. Potential settlement talks may depend on the results of the first bellwether trials.

    Some experts estimate Elmiron litigation could include 1,000 or more cases. Because Elmiron cases have been combined into one MDL, the legal teams representing these victims can combine their resources to streamline the legal process. Legal fees, scientific data, and other costs can be combined to reduce costs. 

    Choosing an Elmiron Lawyer

    If you are considering filing legal action to recover an Elmiron lawsuit payout, you may be unsure about who you should hire to represent you. When evaluating possible attorneys, below are some criteria to narrow down your choice. Ask yourself:

    • Does your lawyer offer a free case evaluation? Your mass tort lawsuit attorney should help you determine the value of your case before moving forward with any legal fees.
    • What is your attorney’s track record in product liability litigation? The law firm you choose should have a solid track record of securing financial compensation for past clients involved in product liability cases. 
    • Does your law firm have experience? Successful product liability litigation is very complex. Negotiating settlements with these mammoth corporations or facing them in court requires skill and experience. 
    • Does your attorney cover the entire country? Statutes and various details vary from state to state. Product liability litigation often draws cases from every area of the United States. If you choose legal representation, you need a law firm experienced in dealing with cases nationwide. 

    How Past Defective Drug Cases Have Faired

    Many times, a drug manufacturing company facing significant pressure from many lawsuits will go to trial for several individual cases. The drug company’s representatives will use these cases to gauge how to proceed. If the company prevails in some or all these initial cases, it may feel it can forge ahead and never approach the topic of a global settlement. If it wins some cases but loses others, it may also continue to try more cases.

    If the company loses all or most of these cases, it may decide to enter global settlements talks. By agreeing to a settlement, the company avoids additional courtroom defeats, further harm to the company’s reputation, and a lower compensation amount for each individual plaintiff. 

    Elmiron Users Can Pursue Their Legal Options 

    Elmiron litigation is still too early to gauge what Janssen Pharmaceuticals will do. One reason bellwether trials are so important in defective drug litigation is it gives both sides insight as to how juries react and respond to certain witnesses or evidence. Both sides may then adjust their approach and strategize for future trials or enter settlement talks.

    Despite Elmiron litigation still being in its infancy, if you feel Elmiron manufacturers’ negligence caused the eye problems you experienced after using the drug, you have a right to pursue your legal options. A product liability lawyer in our network can assess your case and help you plan the best course of action. 

    Statute of Limitations in an Elmiron Case

    In product liability cases, victims have deadlines they must meet to qualify for potential settlement packages. These deadlines are the statute of limitations. This means you must file a claim before your deadline to protect your right to sue for damages. 

    The statute of limitations deadline varies across states. A product liability attorney or law firm can inform you of your state’s deadlines in cases like Elmiron and how much time you have left to pursue your case. If you miss the deadline, you likely will lose your right to take legal action, so the sooner you act, the better.

    Get Legal Help with Your Elmiron Case Today

    Attorneys help personal injury victims like you seek justice. Every person who has used a defective product should be able to pursue financial compensation from those causing consumers financial hardship and pain and suffering due to their carelessness or disregard for the people using their products. 

    To find out what your legal options are, fill out our contact form today for more information.

  • What to Know About Copper Toxicity

    What to Know About Copper Toxicity

    Most people think of copper as a shiny, brass-colored metal that is used to make pennies. But copper is also an essential nutrient that can affect overall health. Copper helps keep skin, nails, and hair healthy, and even helps fetus development during pregnancy. It also aids in collagen formation and other connective tissues, and it acts as an antibiotic to prevent damage to your DNA and cells. 

    The metal is important to make sure bodies are healthy and that they function as they should. However, too much copper can also cause issues. This guide will tell you what you need to know about copper toxicity and some important things to keep in mind as it relates to your health, including the impact of the copper IUD (intrauterine device) Paragard

    What Is Copper Toxicity?

    Copper toxicity is caused by too much copper in the body. While copper is an important mineral found in the body, it is only found in trace amounts. This means only a small amount is needed to be healthy. Copper binds to proteins in the body to help make red blood cells, form collagen, absorb iron, and maintain nerve and immune systems. 

    When copper is not bound to proteins, it is known as unbound or free copper, which is not considered healthy and can even be toxic. This can occur in two ways: through inherited genes or acquired through external sources. 

    Genetic toxicosis is a hereditary disease where the liver does not function properly, which leads to a buildup of copper in the body and, therefore, copper toxicity. Acquired copper toxicity is caused by taking in too much copper either from an unbalanced diet or other sources like contaminated water or cookware. 

    The most common ways of acquiring copper toxicity include eating copper-rich foods or too many dietary supplements. Foods like organ meats, shellfish, and some leafy greens are high in copper and can lead to copper toxicity when eaten too often. 

    Where Do Bodies Get Our Supply of Copper?

    Copper is mainly obtained through food sources, but it can also be found in water and even in the air. In some cases, it is ingested as a byproduct of contaminated sources, such as copper sulfate deposits from old cookware and aging pipes. Copper can even be found in the soil, especially near facilities that use combustion or incineration in their operations.

    Contaminated food and water can also cause copper toxicity, as can drinking acidic beverages, and eating or drinking from copper containers can cause you to ingest high amounts of copper.

    What Foods Are High in Copper?

    Copper is found in higher amounts in these foods:

    • Seafood – Oysters, squid, lobster, mussels, crabs, and clams
    • Organs – Beef liver, kidneys, and hearts
    • Nuts and nut butters – Cashews, macadamia nuts, pecans, peanut butter, almonds, and pistachios
    • Legumes – Soybeans, lentils, and peanuts
    • Chocolate – Unsweetened and semisweet baker’s chocolate and cocoa
    • Enriched cereals – Bran flakes, shredded wheat, and raisin bran
    • Whole grains – Oats, barley, and quinoa
    • Fruits and dried fruits – Bananas, grapes, and avocado
    • Vegetables – Mushrooms, tomatoes, potatoes, peas, asparagus, parsley, chard, beans, and sweet potatoes
    • Others – Blackstrap molasses, black pepper, sunflower seeds, and soybeans

    What Are Common Symptoms of Copper Toxicity?

    The most common general signs of copper poisoning or toxicity are:

    • Headache
    • Fever
    • Fainting
    • General malaise
    • Vomiting
    • Bloody vomit
    • Black stool
    • Abdominal cramps
    • Brown ring-like markings around eyes (Kayser-Fleischer rings)
    • Jaundice of the skin and eyes

    According to Psychology Today, common mental and behavioral symptoms include:

    • Anxiousness and irritability
    • Difficulty paying attention
    • Overexcitement
    • Feeling overwhelmed
    • Feeling unusually sad
    • Sudden mood changes

    How Does Copper Impact Your Health?

    A lack of copper can lead to a deficiency that develops into anemia, osteoarthritis, and osteoporosis, per Healthline. While these are true causes for concern and tell us that copper is a needed part of biology, too much copper can also end up being fatal. Severe toxicity affects major organ function when it builds up in your brain, liver, and lungs. Long-term levels of copper and copper toxicity can lead to certain kidney conditions, liver damage or liver failure, heart failure, brain damage, and eventually, death.

    What Medical Conditions Cause Copper Toxicity?

    High copper levels and copper toxicity can lead to serious medical conditions, including genetic conditions that make it hard for the liver to filter out copper efficiently. These medical conditions include:

    • Wilson’s disease
    • Menkes disease
    • Liver disease
    • Hepatitis
    • Anemia
    • Hypo- or hyperthyroidism
    • Leukemia
    • Lymphoma
    • Brain, liver, and breast cancers
    • Diabetes
    • Rheumatoid arthritis

    High copper diets and copper supplements can also affect how medications work in the body, so it is best to ask a doctor before taking any copper supplements. According to a study published in The Journal of Nutrition, birth control medications and estrogen replacement for post-menopausal women can elevate copper levels in the blood, as can penicillamine and various medications for gastrointestinal conditions. 

    Alternatively, anti-inflammatory medications, some gout medications, and zinc supplements can drastically lower copper levels. This can lead to a deficiency and other health problems. 

    How Do You Treat Copper Toxicity?

    Copper toxicity is usually treated with medication along with other medical procedures if necessary, according to Merck Manual

    • Chelation – Injected directly into the bloodstream. Binds all copper in the blood together so the kidneys can filter and expel it from the body.
    • Stomach pumping – Removes recently ingested copper from your stomach using a suction tube.
    • Hemodialysis – A device directly pumps and filters the blood for copper waste, like the kidneys normally do.
    • Other medications – Penicillamine and dimercaprol are taken in combination with other treatments to reduce copper toxicity’s effects.
    • Surgery – In extreme cases, it may be necessary to receive a liver transplant.

    How Common Is Copper Toxicity?

    In those without other health complications, cases of copper toxicity are rare, per Medical News Today. Most are the result of accidental over-consumption of copper or the result of contaminated food, air, and water sources. According to the Agency for Toxic Substances and Disease Registry, large industrial factories released about 1.4 billion pounds of copper into the environment in 2000. A study published in StatPearls suggests that those at higher risk, such as those with Wilson’s disease, are more likely to experience copper poisoning than the general population.

    What Is Wilson’s Disease?

    As the Mayo Clinic explains, Wilson’s disease is an inherited genetic disorder that prevents the body from naturally metabolizing copper. The condition puts people with the disease at a higher risk for copper toxicity. Diagnosis usually occurs between ages 5 to 35 and causes copper accumulation in vital organs like the liver and brain. When diagnosed early, the condition is treatable if it is managed properly. Using copper IUDs like Paragard can put those with Wilson’s disease at risk for copper poisoning.

    What Is Paragard?

    Paragard is a hormone-free IUD (intrauterine device) that is inserted into the uterus to prevent pregnancy. The device can last up to 10 years and works by utilizing copper to produce a physiological reaction that makes the body inhospitable for sperm and eggs. It is the only copper IUD currently available in the United States.

    How Do Copper IUDs Work?

    Some IUDs are copper-based, and they are designed to create localized inflammation in the uterus to prevent fertilization and pregnancy. This can cause unintended side effects as well, including longer or heavier menstrual cycles, abdominal cramping, fatigue, painful intercourse, and vaginal discharge. 

    While there is no evidence present that copper IUDs cause copper poisoning, there can be cases where they aggravate or affect any pre-existing conditions that already influence the liver’s ability to process copper. This is especially true of Paragard, which is entirely made from copper. There have been suspicions that the product aggravates patients with Wilson’s disease because the disease is defined by a higher accumulation of copper in the body. 

    What Are Paragard’s Side Effects?

    General side effects from the copper IUD Paragard include the same that most IUDs have: spotting between periods, vaginal irritation and discharge, backaches, and cramping. Most of these side effects go away on their own. The Paragard website warns that if they do not, users should seek medical care.

    Paragard also has more serious side effect risks, including:

    • Higher risk for ectopic and intrauterine pregnancy
    • Higher risk of infection after immediate insertion
    • Higher risk for pelvic inflammatory disease (PID)
    • Higher risk for endometritis 
    • Embedment of the IUD into the wall of the uterus
    • Perforation of the IUD through the uterine wall
    • Expulsion of the IUD from the body
    • Changes in period flow or length
    • Dizziness, seizures, and slower heart rate

    How Does Wilson’s Disease Affect Paragard Users?

    Complications from Wilson’s disease can cause those using Paragard IUDs to develop copper toxicity. After insertion, Paragard causes an increased level of copper to be released into the body. This can overload the liver and further accumulate in the brain. 

    Can Paragard Cause Copper Toxicity?

    Because Paragard is made of copper, it can worsen the symptoms and complications associated with Wilson’s disease. Copper IUDs do not have a direct link to causing copper toxicity itself, but they can cause other symptoms and complications related to copper levels in the body. 

    One 1996 study published in Allergy found that copper IUD use can cause severe allergies to copper, while a 2006 study published in Contraception discovered that first-time copper IUD users can lose more blood during their periods, possibly leading to anemia. 

    Paragard Symptoms Don’t Always Appear Right Away

    While there is no evidence that Paragard and other copper IUDs can cause copper toxicity on their own, it can certainly be said that it might in certain cases, such as in Wilson’s disease patients who use Paragard.

    Complications from Paragard can take time to appear, sometimes even years following insertion. Patients who experience symptoms of copper toxicity after Paragard IUD insertion should first seek immediate medical care. Then, they may want to get in touch with a Paragard lawsuit lawyer about their potential legal case.

    Signs and Symptoms of Copper Toxicity to Watch For

    Signs of copper toxicity from IUDs are similar to the general signs, but the symptoms can be more specifically focused on the abdomen after the device is inserted. Paragard users that experience the following symptoms should seek immediate medical attention:

    • Headaches
    • Fever
    • Extreme fatigue
    • Loss of consciousness
    • Abdominal pain
    • Nausea
    • Vomiting blood
    • Sudden, unexplained changes in mood
    • Depression

    Is There a Class Action Lawsuit Against Paragard?

    Currently, there is not an active class action lawsuit against Paragard for copper toxicity. However, attorneys are actively filing lawsuits on behalf of those who have suffered other injuries from using the device. Though Paragard has existed since the 1980s, there have been numerous recent claims that the device frequently breaks and embeds itself into other organs other than the uterus.  

    Cases are being consolidated into single multidistrict litigation (MDL), which will help the federal courts manage related cases filed in different jurisdictions. 

    Latest News in Paragard Legal Issues

    Teva Pharmaceuticals last recalled a small batch of faulty Paragard devices in 2014 as of this writing. The manufacturer did this voluntarily, but the recall was not widespread. Paragard remains available on the market. 

    Still, many lawsuits have been filed against Paragard for causing harm. Many users have alleged that the IUD broke and caused serious injuries during routine removal, resulting in upwards of 1,000 Paragard lawsuits pending. 

    If There Is No Class Action Lawsuit Against Paragard for Causing Copper Toxicity, Can I Still File a Lawsuit?

    Yes. Just because there isn’t a class action lawsuit regarding Paragard causing copper toxicity, this does not mean it does not happen. You can still file a case, even if no class action lawsuits exist. 

    If you believe you or a loved one has suffered copper toxicity or copper poisoning after Paragard insertion, it is possible to file a case. An attorney can look over the details of your case and help you pursue legal action. 

    Get a Free Case Evaluation in a Paragard Copper Toxicity Case

    Many patients are unaware of the associated dangers that come with copper IUD insertion, and even less so when those complications are associated with prior medical histories with Wilson’s disease.

    If you have suffered copper toxicity after receiving a Paragard implant, you can connect with a personal injury lawyer in our network who can review your situation and let you know what legal options you have. You may be able to recover damages from your case. Fill out our form for a free case evaluation today.

  • Why is Paragard Being Sued?

    Why is Paragard Being Sued?

    Paragard is being sued because of allegations that this birth control device can break apart when removed, causing injuries and potentially affecting long-term fertility. Many women have reported that defects in the device’s design caused it to fracture when removed, leaving pieces embedded in their uterine walls and causing pain, infection, and infertility.

    If you suffer from health problems that you believe are caused by a defective Paragard device, you may be entitled to financial compensation from Teva Pharmaceuticals, the original manufacturer of Paragard, and Cooper Companies, which bought Teva in 2017. This compensation, legally known as damages, may cover your losses from medical expenses, pain and suffering, and more. A ParaGard mass tort lawyer can help you seek damages if you are unsure about how to do so on your own.

    Women Chose Paragard for Long-Term Birth Control

    Paragard is a type of intrauterine device (IUD) that can be used to prevent pregnancy for up to ten years. The device is a small, T-shaped piece of plastic wrapped with a thin layer of copper with threads attached for removal. The copper prevents fertilization and implantation without the use of any hormones. A healthcare provider can insert and remove the device during a routine appointment. 

    Paragard’s manufacturer advertises it as being over 99% effective at preventing pregnancy. It also claims that it has no impact on fertility once removed. Many women chose Paragard for long-term birth control because it was advertised as convenient, effective, reversible, and hormone-free.

    Medical Evidence Suggests Paragard Can Be Dangerous

    While many women chose Paragard because it was supposed to be a safe and effective method of birth control, medical evidence suggests that Paragard can be dangerous. Some of the most important medical evidence showing the problems with Paragard comes from the U.S. Food and Drug Administration (FDA). The FDA maintains a system, known as the FDA Adverse Events Reporting System (FAERS), for tracking reported adverse events caused by medications and medical devices. 

    Anyone who experiences an adverse effect of a medication or medical device can use this system to report it. Other parties, such as parents, caregivers, healthcare providers, and manufacturers, can use the system to report events as they become aware of them. Data from FAERS shows that since 2015, there have been 43,230 reported adverse events concerning Paragard. Of these, 18,085 were serious events, including 15 deaths. This information shows that Paragard can be dangerous.

    Paragard Can Cause Unexpected Perforation and Injury

    Paragard can cause unexpected perforation of the uterine wall. Perforation occurs when the Paragard IUD goes through the wall of the uterus. When this happens, it can cause injuries in other parts of the pelvic cavity and reproductive system. Once the Paragard perforates the wall of the uterus, it can cause scarring, infections, pain, infertility, and additional damage to nearby organs.

    Patients who experience perforation may require surgical procedures such as laparoscopy or laparotomy to remove the Paragard IUD.

    Injuries Associated With the Paragard IUD

    The FDA provides information about adverse effects that may result from Paragard use:

    • Perforation: The Paragard device may perforate the uterus or cervix. The device may then migrate outside of the uterine cavity, potentially causing adhesions, peritonitis, intestinal penetration, intestinal obstruction, abscesses, and damage to nearby organs. The risk of perforation is higher in women who are breastfeeding.
    • Ectopic pregnancy: Although Paragard prevents most pregnancies, it increases the risk of ectopic pregnancy for women who do become pregnant while using it. According to information from Cleveland Clinic, an ectopic pregnancy occurs when a fertilized egg implants outside of the uterine wall, most often in a fallopian tube. Ectopic pregnancies are life-threatening, require emergency treatment, and can permanently damage a woman’s fertility.
    • Intrauterine pregnancy: This is a typical pregnancy, which is supposed to be prevented by the Paragard IUD. If possible, the Paragard should be removed once the pregnancy is detected, but that is not always possible. A pregnant mother with a Paragard in place faces complications such as septic abortion, sepsis, increased risk of miscarriage, premature labor, and premature delivery. 
    • Septic abortion: Merck Manuals defines a septic abortion as a serious infection of the uterus before, during, or after an abortion. In this case, an infection related to the Paragard IUD causes the loss of the pregnancy. Symptoms include chills, fever, vaginal discharge, abdominal pain and tenderness, vaginal bleeding, and cervical dilation. The patient will require antibiotic treatment. Patients with uncontrolled infections will require a hysterectomy, which results in the permanent loss of fertility.
    • Sepsis: This severe infection, including Group A Streptococcal Sepsis (GAS), occurs when bacteria are introduced during Paragard insertion. Sepsis is a rare but serious infection that can be life-threatening.
    • Pelvic inflammatory disease and endometritis: Non-sterile placement of the Paragard IUD can introduce bacteria into the uterus, leading to pelvic inflammatory disease (PID) or endometritis. Symptoms include lower abdominal or pelvic pain, smelly discharge, unexplained bleeding, fever, and genital lesions or sores. PID can cause damage to the fallopian tubes, increasing the risk of an ectopic pregnancy or infertility, and may require a hysterectomy. It can also cause sepsis and death.
    • Embedment: The Paragard IUD may become lodged in the myometrium, the smooth muscle lining of the uterus. Removing an embedded Paragard IUD can be difficult. Non-surgical removal can cause the device to break apart. Surgery may be required for a thorough removal.
    • Expulsion: The device may spontaneously expel, either partially or completely, from the uterus. When this happens, it is no longer an effective contraceptive.
    • Bleeding pattern alterations: Paragard causes some women to experience heavy, prolonged bleeding. Women with excessive bleeding may need to have the device removed.
    • Anemia 
    • Backache
    • Dysmenorrhea or painful menstrual cramps
    • Dyspareunia or painful intercourse
    • Prolonged menstrual flow
    • Menstrual spotting
    • Pain and cramping
    • Vaginitis or infection or inflammation of the vagina or vulva, often accompanied by pain, itching, and discharge
    • Nausea
    • Dizziness

    After Paragard was approved and marketed as a contraceptive, some consumers reported additional adverse effects. Research has not yet substantiated a causal link between a defective Paragard device and these health problems, but further investigation may. Reported complaints include:

    • Abdominal distension
    • New metal allergies
    • Hypersensitivity
    • Muscle spasms
    • Amenorrhea, which is missed menstruation or absence of menstruation
    • Stevens-Johnson syndrome, which is a rare but serious condition characterized by flu-like symptoms and a painful, blistering rash

    Why Lawyers Are Talking About the Paragard IUD

    Lawyers are talking about the Paragard IUD because more and more women are coming forward with their stories of injuries caused by this defective medical device. These injuries are not isolated events. Thousands of women nationwide have sustained varying degrees of physical injury and emotional trauma. Lawyers recognize the collective power of these women as they seek compensation from its manufacturers.

    Paragard IUD Injuries Lead to Lawsuits Across the U.S.

    As more women understand that their Paragard injuries were caused by a defective medical device, many women are choosing to sue Cooper Companies. These women want to hold Paragard’s manufacturers accountable for their actions. They also want to recover damages for the physical, emotional, and financial losses they have suffered because of their injuries. The damages available from a Paragard IUD injury may include:

    • Medical expenses involved in diagnosing and treating complications caused by the Paragard IUD. These expenses may include diagnostic imaging, surgeries such as laparoscopy, laparotomy, and hysterectomy, antibiotic treatment, pain medication, other prescription medications, and more.
    • Loss of income for patients who had to take unpaid time off work for treatment and recovery from their Paragard IUD injuries 
    • Pain and suffering for physical pain, long recovery, and surgical treatment
    • Emotional trauma for the stress of treatment, sadness over the loss of fertility, and subsequent development of anxiety, depression, or insomnia

    Women across the United States have been using Paragard for years, which means that there are Paragard lawsuits across the country. The laws and legal deadlines surrounding personal injury from a medical device vary from state to state, so get help from a lawyer familiar with the laws in your state for information about how you can join the Paragard lawsuit.

    Women Say a Manufacturer Failed to Warn About Breakage

    Women who were injured by a broken Paragard device claim that Teva Pharmaceuticals and Cooper Companies failed to warn them and their healthcare providers about the potential for breakage. They claim that the manufacturers knew or should have known that the IUD could become brittle over time, making it prone to breaking upon removal.

    In marketing and selling a defective and dangerous medical device, Teva Pharmaceuticals and Cooper Companies placed thousands of women at risk just to make a profit. The lawsuit against Paragard’s manufacturers is a way to hold these companies accountable for their carelessness.

    Who Manufactures the Paragard IUD?

    Cooper Companies, a global medical device company also known as CooperSurgical, manufactures the Paragard IUD. Cooper Companies purchased Teva Pharmaceuticals Industries Ltd., the previous manufacturer of Paragard, in 2017.

    Medical device manufacturers have an obligation to design and develop products that are safe to use and do not put users at risk of harm. If there are any potential side effects that may be caused by the device, the manufacturer has an obligation to disclose those side effects to consumers so that they can make an informed decision about using it. Manufacturers can be held legally liable for adverse effects caused by their products.

    Who Can Join the Paragard Lawsuit?

    Women who sustained injuries caused by their Paragard IUD can join the lawsuit. You may be able to join the Paragard lawsuit if:

    • Your Paragard IUD migrated to other parts of your pelvic cavity, perforated your uterine wall, or fractured upon removal.
    • Your Paragard IUD or its pieces had to be surgically removed.
    • You had to have a hysterectomy because of complications caused by the Paragard IUD.
    • You became infertile because of complications caused by the Paragard IUD.
    • You developed other health problems because of the Paragard IUD.

    Essentially, you will need to have evidence that a Paragard IUD was directly responsible for causing your health condition. Also, you will need to show that you suffered damages as a result, such as medical bills and lost wages. 

    An attorney can help you understand your eligibility and gather crucial evidence needed to make your case.

    How Do I Join the Paragard Lawsuit?

    You can join the Paragard lawsuit by contacting a mass tort lawyer’s office and getting a free case review. A member of our team will ask you questions about your history of Paragard use and the details of your injuries. If you have them, your records documenting Paragard implantation, removal attempts, and complications will be helpful. Our lawyer can listen to your story, review your medical records, and let you know whether you qualify to join the Paragard lawsuit.

    This case consultation is confidential, free, and comes with no obligation to join the lawsuit. Our team can connect you to an attorney’s office to help you understand your legal options and make the best choice for your situation.

    How Much Does it Cost to Work With a Lawyer?

    Many people may hold back from hiring an attorney, as they are unsure about how much it will cost. You should know that many injury lawyers work based on contingency fees, which means that:

    • You’ll pay nothing upfront to get started with a case.
    • You only pay attorney’s fees if your case is successful.
    • A portion of your final settlement or award goes towards your legal fees. 

    This means that you can get started on a Paragard lawsuit with relatively little financial risk involved. After all, an attorney who works on contingency fees will essentially finance the initial costs of your case until you receive a financial recovery. 

    You should clarify how an attorney’s fees work if they tell you that they work on contingency. Every lawyer charges a different percentage-based rate, for instance, so you should learn more about any fees to expect before you finalize your hiring decision. 

    Learn More About Filing a Paragard Lawsuit

    If you sustained injuries because of Paragard, you may be entitled to damages for medical bills, pain and suffering, and more. A Paragard lawsuit attorney may be able to help you seek compensation from the manufacturer, Cooper Companies. Fill out this contact form to learn more about why Paragard is being sued and how an attorney can help you.

  • Is There a Lawsuit Against Paragard?

    Is There a Lawsuit Against Paragard?

    There is a lawsuit against Paragard. Thousands of women across America allege that defective and dangerous Paragard intrauterine devices (IUDs) injured them. Many of these injuries stem from pieces of broken Paragard devices migrating out of the uterus, perforating the uterine wall, and causing medical problems in the reproductive organs and other organs found in the abdominal and pelvic cavities.

    If a broken or otherwise defective Paragard IUD hurts you after using it, you may be entitled to financial compensation known as damages. These damages may cover your medical expenses, compensate you for physical and emotional pain, and more. You can seek damages from The Cooper Companies, Paragard’s manufacturer, on your own. You can also work with a mass tort lawsuit lawyer who represents women who have suffered injury after using Paragard’s medical devices.

    Have You or a Loved One Suffered From a Broken Paragard IUD That Required Surgery?

    If you or a loved one suffered from a broken Paragard that required surgery, you may be entitled to financial compensation for Paragard’s manufacturer, The Cooper Companies. Paragard IUDs may break into fragments, leaving pieces of the IUD behind in the woman’s body. These fragments may require surgical procedures for removal. The injuries that a broken Paragard IUD causes can be painful, expensive to treat, and may cause infertility.

    There is a lawsuit against Paragard because of the injuries many women have sustained because of a broken Paragard device. These women claim that Paragard’s manufacturer knew or should have known that these IUDs were prone to fragmenting upon removal but failed to warn women of this potential side effect. These women were robbed of the chance to make an informed decision about their long-term health, current birth control, and future fertility.

    Damages Available in a Paragard Lawsuit

    Damages is the legal term for financial compensation the negligent party pays for injuring someone. If you or a loved one suffered from a broken Paragard IUD that required surgery, you may be entitled to these damages:

    • Surgical expenses for the diagnosis and removal of a broken Paragard IUD. According to an article in the journal Gynecology and Minimally Invasive Therapy, physicians may use hysteroscopy to locate a broken or retained IUD. An article in the Journal of Laparoscopic & Robotic Surgeons states that laparoscopy can be used to remove IUDs that have migrated and embedded in other tissues or organs. 
    • Other medical expenses such as blood cultures, antibiotic treatments, diagnostic tests, follow-up appointments, prescription medication, and more.
    • Loss of income for any unpaid time off work needed for diagnosis, treatment, and recovery. 
    • Pain and suffering for the stress, emotional upheaval, physical pain, or loss of fertility that the broken Paragard device caused.

    A ParaGard lawsuit lawyer familiar with the lawsuits against Paragard can evaluate your case, estimate the value of your losses, and help you recover the compensation you deserve. 

    What Is ParaGard?

    Paragard is a contraceptive device that provides long-term birth control. Teva Pharmaceuticals originally made it, but The Cooper Companies bought Teva in 2017 and is now responsible for it. Its manufacturer provides information stating that Paragard is 99% effective at preventing pregnancy for up to 10 years without affecting future fertility. Many women prefer an IUD because it is long-acting and reversible.

    Because Paragard is long-acting, it is a convenient choice for women who would prefer not to take a daily pill or rely on single-use birth control devices such as condoms. Because it contains no hormones, it is an attractive option for women who want to avoid hormones and their potential side effects.

    How Does Paragard Work?

    Paragard works by preventing fertilization and implantation of the egg in a woman’s uterus. While other forms of birth control rely on hormones to prevent conception, Paragard does not. The copper wire wrapped around the device changes the chemical environment of the uterus, making it almost impossible for sperm to reach and fertilize an egg or for the egg to implant in the uterine wall.

    The Paragard device prevents pregnancy just by its presence in the uterus, so women who use it do not have to change their habits or routine in any way for it to be effective. Once a medical professional places the Paragard IUD in a woman’s uterus during a routine office visit, it is immediately effective. It will continue to work until its removal.

    What Is the Paragard IUD?

    The Paragard IUD is a small, T-shaped piece of plastic wrapped with a copper wire. It does not release any hormones. The copper wire makes the uterus inhospitable to sperm, preventing them from fertilizing any eggs. If an egg becomes fertilized, it should not be able to implant into the uterine wall.

    The Paragard IUD has two strings attached to it for removal. When it is time to take the device out, a doctor or other medical professional should be able to gently pull on the strings to remove it. Paragard states that as soon as the device is removed, the woman’s fertility should be restored.

    Why Are There Lawsuits Against Paragard?

    Lawsuits against Paragard are pending because thousands of women claim they were not warned of the IUD’s potential side effects, particularly the possibility that it might break inside their bodies. They allege that Paragard’s manufacturers, Teva Pharmaceuticals and The Cooper Companies, knew or should have known that Paragard devices, especially older devices, could become brittle and fragment when a doctor attempted to remove them, causing injuries.

    Many of these women report that their Paragard devices broke upon removal, leaving fragments behind in their uterus. In some women, the fragments are embedded in the uterine wall. In others, the fragments perforated the uterus and migrated to other parts of the abdominal cavity, such as the intestines. Many of these women experienced pain, bleeding, infections, organ damage, and infertility as a result. 

    What Are Side Effects of Paragard Use?

    Paragard can cause side effects. Some patients may find these side effects to be minor inconveniences, while others may need to stop using the IUD because of them. The Food and Drug Administration (FDA) states that women may experience these side effects:

    • Anemia or low blood cell count
    • Complete or partial expulsion of the Paragard IUD
    • Painful periods
    • Longer-than-usual periods
    • Spotting in between periods  
    • Leukorrhea or vaginal discharge
    • Dysmenorrhea or painful cramping before or during periods
    • Dyspareunia or pain during sex
    • Vaginal irritation or vaginitis
    • Pain and cramping
    • Backache
    • Urticarial allergic skin reaction or hives 

    Paragard Can Cause Unexpected Perforation and Injury

    In addition to the side effects that Paragard can cause, it can unexpectedly puncture the uterus and cause injury. Perforation occurs when the IUD moves through the uterine wall, either partially or completely. Partial perforation results in the IUD moving partly through the uterine wall and remaining there. With complete migration, the IUD moves completely through the uterine wall and into the abdominal cavity.

    Perforation can cause serious complications, but it is not the only source of injury from a Paragard IUD. Non-sterile insertion of the IUD can lead to infections. Spontaneous expulsion and unexpected pregnancy can lead to other complications, including infections and infertility. 

     Injuries Associated with Paragard IUD Use

    The FDA provides details about the severe damage and health problems that can come from a Paragard IUD:

    • Perforation: The Paragard IUD may perforate the uterus or cervix partially or completely. This can happen at insertion and remain undetected for some time. An undetected perforation can allow the Paragard device to migrate out of the uterus, which can cause problems such as adhesions, peritonitis, intestinal obstruction, intestinal penetration, abscesses, and damage to nearby organs. Breastfeeding women are at higher risk of perforation. Surgical removal of the IUD may be required. 
    • Embedment: The Paragard IUD may become embedded in the uterine wall, making it hard to remove manually by tugging at the strings. Embedded Paragard IUDs may be more likely to break and fragment during manual removal. Embedded devices and fragments may require surgical removal. 
    • Expulsion: Some women experience a spontaneous partial or complete expulsion of the Paragard IUD from their uterus. An expelled Paragard IUD does not prevent pregnancy. Women who have a partially expelled IUD should have their medical provider remove it.
    • Ectopic pregnancy: While it is rare to become pregnant while using the Paragard IUD, it can happen. Women who become pregnant with a Paragard device in their uterus are at higher risk of ectopic pregnancy. According to the Mayo Clinic, an ectopic pregnancy is one in which the fertilized egg implants outside of the uterus, usually in a fallopian tube. Ectopic pregnancies cannot proceed. They may threaten the mother’s life and cause infertility.
    • Intrauterine pregnancy: This is the medical term for a typical pregnancy in which the egg implants in the uterus. These pregnancies are rare for women using a Paragard IUD. However, when they happen, they carry a higher risk of complications. If the Paragard IUD cannot be removed or the patient chooses not to remove it, the risk of miscarriage, sepsis, premature labor, and premature delivery increases. Removal of the IUD may also cause a spontaneous abortion.
    • Septic abortion: A septic abortion is not the same as an elective abortion. It is a serious infection that develops during or after the loss of pregnancy, according to the Merck Manual. The infection may be caused by one or more bacterial species and can lead to septic shock, a life-threatening illness. Women with septic abortions require broad-spectrum antibiotic therapy and evacuation of the uterus to remove any remaining fetal tissue.
    • Sepsis: This severe infection can occur when a medical provider inserts the Paragard IUD under non-sterile conditions, introducing bacteria into the uterus. Sepsis may be caused by Group A streptococcal bacteria. This condition can cause a severe and life-threatening infection known as Group A streptococcal sepsis (GAS) or by other bacteria. Sepsis can cause death, so it is critical to seek treatment right away for any symptoms of infection, such as severe pain after insertion of the IUD.
    • Pelvic inflammatory disease and endometritis: Pelvic inflammatory disease (PID) and endometritis, the inflammation and infection of the uterus, are other infections that can come after insertion of the Paragard IUD under non-sterile conditions. Patients may experience lower abdominal or pelvic pain, unexplained bleeding, fever, odorous discharge, or genital sores and lesions. PID can damage the fallopian tubes and cause ectopic pregnancy or loss of fertility, hysterectomy, sepsis, and even death.

    Paragard IUD Users Continue to File Lawsuits

    More than 1,000 women have filed lawsuits against Paragard’s manufacturer, The Cooper Companies, but most of these lawsuits have not yet been resolved. Many of the lawsuits against The Cooper Companies have been consolidated into multidistrict litigation (MDL). This action groups the cases together for efficiency but allows each woman to retain an individual case.

    According to the United States Judicial Panel on Multidistrict Legislation, there were 1,018 Paragard cases as of April 15, 2022. This number continues to grow as more injured women join together to sue The Cooper Companies. No monetary compensation can ever truly repay these women for what they have endured, especially those who suffered fatal injuries or lost the chance to bear children. However, these lawsuits allow them to express their pain and hold Paragard’s manufacturer accountable.

    A Lawyer May Be Able to Help With Your Paragard Case

    If you suffered an injury after using a defective Paragard IUD, you may be entitled to damages for your medical care, pain and suffering, and more. A lawyer may be able to help with your Paragard case, so fill out our contact form to learn more. An mass tort lawsuit attorney in our network can learn more about your experience, review your medical records, and let you know if you have a valid case against The Cooper Companies.

    Remember, you are not alone. Paragard IUDs have likely injured thousands of consumers. You may be able to join others in your area in a lawsuit against Paragard. Fill out this contact form today to learn more about your legal rights and options.

  • Talc Lawsuits: Johnson & Johnson Shareholders Reject Global Talc Ban

    Talc Lawsuits: Johnson & Johnson Shareholders Reject Global Talc Ban

    According to a recent shareholder vote, Johnson & Johnson will not discontinue global sales of its signature baby powder. The proposal comes in the wake of mass litigation Johnson & Johnson (J&J) faces for its talc-based baby powder, which many women claim to have caused their cancer. 

    While Johnson & Johnson no longer sells baby powder products in the United States and Canada, the product is still on the market for many consumers worldwide. The shareholder proposal for the global ban was initiated by activist investor group, Tulipshare. 

    Forbes India reports that Tulipshare argues that Johnson & Johnson could help prevent future liability claims through the ban. The company currently faces more than 40,000 lawsuits. 

    The Status of the Baby Powder Lawsuits

    Litigation is still pending against Johnson & Johnson for baby powder lawsuits after several key events in the case took place in late 2021 and early 2022. 

    According to Reuters, the company successfully filed for bankruptcy last year, taking advantage of a Texas law that allowed J&J to move its talc liability into a subsidiary, LTL Management. Despite objections from plaintiffs in the lawsuits, federal bankruptcy judge Michael Kaplan later approved the Chapter 11 filing, calling bankruptcy a legitimate means of resolving J&J’s talc liability.

    Johnson & Johnson’s Recent Challenge to Lawsuits Denied

    Following its successful bankruptcy filing, Johnson & Johnson challenged the validity of the talc lawsuits, arguing for bankruptcy protections. Most recently, J&J contested the validity of a wrongful death suit, which claims that the company’s industrial talc mining conditions led workers to asbestos exposure. 

    The decedent in the case originally filed the lawsuit in 1986 but agreed to drop the case after expert witness testimony presented by Johson & Johnson claimed industrial talc had no asbestos. New evidence in the latest lawsuits, however, reveals that J&J was aware of asbestos contamination for decades.

    Judge Kaplan denied J&J’s challenge, permitting the lawsuit to proceed. 

    J&J Continues to Defend Baby Powder’s Safety

    The New York Times reports that despite Johnson & Johnson’s decision to remove baby powder from the North American market in 2020, the company claims that its baby powder does not contain asbestos and does not cause cancer.

    J&J said the decision to remove Baby Powder and Shower to Shower products from the market was made based on changing consumer habits and a distrust of the product stemming from lawsuits. 

    People Harmed by J&J’s Baby Powder Can Still File a Lawsuit

    Even though litigation against Johnson & Johnson is currently paused, you could file a lawsuit if its talc-based powders harmed you. Plaintiffs seek damages for their losses associated with various forms of cancer, such as ovarian cancer and mesothelioma. Injury victims could pursue damages for medical bills, lost wages, and more. 

    To get a product liability case review, fill out our contact form online to get connected with a talc powder mass tort lawsuit lawyer in our network. You could receive a free case review to learn more about your legal options.