What Is the Criteria to Claim a Settlement Amount in a Paragard Lawsuit?

The criteria to claim a settlement amount in the ParaGard lawsuits are:

● Joining an existing suit or starting one of your own within legal deadlines
● Proving that you used ParaGard and that you could not reasonably have known
the risks of using it
● Proving that you were harmed or put at substantial risk of harm because
ParaGard’s manufacturer or someone else behaved negligently

What Is ParaGard?

ParaGard is an intrauterine device (IUD), a medical device, and a form of birth control
inserted directly into the uterus. IUDs offer the benefits of long-term contraception
without the side effects commonly associated with the pill.

Unfortunately, ParaGard’s design makes it more likely to break inside the uterus. The
device’s components may then perforate or embed in the uterus, requiring surgery to
remove. This is why so many former ParaGard users are filing lawsuits against the
device’s manufacturers, Teva Pharmaceuticals and CooperSurgical.

Can I Join a ParaGard Lawsuit?

Many former ParaGard users have already filed suit against one or both of the product’s
manufacturers. To streamline the legal process, these cases have been combined into
a single legal action called multidistrict litigation (MDL).

An MDL consolidates similar cases from all across the country. This means:

● All of the cases in the MDL will be considered by a single judge at the same time.
● The case may take less time to settle and involve much less work than if
separate courts dealt with each case individually.
● The plaintiffs do not have to confront a large pharmaceutical corporation on their

To join an existing MDL, you have to show that your case is substantially similar to the
cases already in the MDL. For example, you can prove that:

● You were injured by ParaGard and not another brand of IUD.
● You were injured by the same type of defect that affected the other plaintiffs.
● You suffered similar types of injuries as the other plaintiffs.
Your lawyer can help you figure out if you qualify to join an MDL or if joining an MDL is
the best course of action for you. If not, they can help you explore other legal options.

How Do I Prove ParaGard Harmed Me?

Your personal injury attorney can look for evidence showing that the following four
statements are true:

● ParaGard’s manufacturer had a legal responsibility to protect consumers by
properly testing and designing their product and by recalling faulty products in a
timely manner.
● ParaGard’s manufacturer failed at one or more of these responsibilities.
● After using ParaGard, you suffered a medical condition directly related to the
manufacturer’s lack of responsibility.
● The medical condition put your life in danger and/or had a significant harmful
effect on your life.

The manufacturer’s legal team will work just as hard to disprove these statements,
which would absolve them of responsibility for your condition. They might claim:

● Your condition was caused by something else.
● You were not using ParaGard properly, so they are not liable for the injuries it
● Your condition is less severe than you say it is.

Not only must you meet the criteria to claim a settlement amount in a ParaGard lawsuit,
but you must also collect enough evidence to convince the liable party’s lawyers that
you meet the criteria.

This is one of the reasons why hiring a personal injury attorney can be so helpful. They
know how and where to look for evidence that could support your request for damages,

● Your medical records showing when you had the IUD implanted and when you
had it removed.
● A statement from your doctor and/or other medical experts testifying to
ParaGard’s harmful effects on your health and your life.
● Statements from you, your friends, and your loved ones confirming your use of
ParaGard and its negative impact on your life.
● Documentation collected by the liable party, which your lawyer can request to
see and use in your own case through a process called discovery.

How Much Can I Get from a ParaGard Lawsuit?

ParaGard lawsuits are still being litigated, so no one can say how much the plaintiffs will
receive or when the cases will be resolved. What you can do is hire a personal injury
attorney to tell you how much your case is worth based on your:

● Medical expenses, including money spent on surgical intervention, the cost of
getting a new IUD, any future treatment you are likely to need, and other medical
● Loss of wages, if your injury or treatment plan required you to miss work for any
length of time
● Pain and suffering, if you experienced physical and mental distress due to the
defective IUD
● Diminished quality of life, if ParaGard complications have caused long-term
health issues that affect your ability to enjoy life

Your attorney can collect evidence and use legal formulas to calculate how much
money you should get for your injuries. They can also guard you against the liable
party’s attempts to minimize your suffering and your payout.

Will I Get a Settlement or a Jury Award?

Many personal injury cases settle out of court. This is because offering a pretrial
settlement saves the liable party the time and expense of going through a court case.
That said, there is still a chance your case will go to court. If that happens, any money
you receive would be through a jury award rather than a settlement.

It can be scary not knowing how your case is going to turn out or how long it will take.
Feel free to rely on your lawyer for advice and legal support during this time. It is their
job to:

● Answer all of your questions, even if they seem small to you
● Update you on how your case is going
● Explain complex legal concepts
● Advise you on how to direct your case

Want to Join the Paragard Lawsuit?

Someone in our nationwide network of mass tort lawyers can tell you if you qualify for the
ParaGard lawsuit and how much compensation you may be able to recover. They can
even walk you through the criteria to claim a settlement amount and negotiate on your
behalf. Get in touch with a lawyer in our network today by filling out our contact form.