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
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:
You could recover the costs of treating any health complications that resulted from IUD use, including:
- Emergency room care
- Visits to a doctor
- Surgeries, such as laparotomy, laparoscopy, or hysterectomy
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
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. An 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.