This page will look at who qualifies to file a Paragard IUD injury lawsuit. We will summarize the basic eligibility criteria that our firm is applying to screen potential Paragard lawsuits and describe the relevant injuries associated with these cases. We will also look at the possible settlement value of Paragard claims.
About the Paragard Lawsuits
The Paragard, an intrauterine device (IUD) manufactured by Teva Pharmaceuticals, has served as a long-term contraceptive method for women since the late 1980s. Despite its high efficacy in birth control, the Paragard IUD has faced various issues. It has a significant design flaw that frequently leads to the device fracturing within a woman’s body during attempted removal.
The Paragard IUD features a distinct removal thread that extends from the device’s base into the woman’s vagina. During removal, doctors are supposed to locate this thread and gently extract the device. The base of the Paragard has two T-shaped arms responsible for securing the device in place. These arms are made of a flexible type of plastic designed to bend upward, facilitating the device’s passage through the cervix during removal.
Regrettably, in numerous instances, the flexible plastic within the arms at the base of the arms becomes brittle and rigid after being inside the body for several years. As a result, when doctors attempt to remove the IUD, these arms often fracture and break into fragments inside the woman’s body.
Thousands of women who have experienced internal injuries due to the fracturing of their Paragard during removal have initiated product liability lawsuits against Paragard. All these cases share a common assertion: that the Paragard IUD had a design defect leading to its fracture inside the body during removal.
The MDL Class Action Lawsuit
The surge in Paragard lawsuits began in late 2019, and by 2020, all federal Paragard lawsuits were consolidated into a class action Multidistrict Litigation (MDL). Since its establishment, the Paragard class action MDL has consistently grown each month in terms of new cases. Currently, it encompasses over 2,000 cases. Unfortunately, the proceedings in the Paragard MDL have progressed slowly. The first bellwether trials in this MDL were not scheduled until nearly three years after its initiation, and they are still a year away.
Who is Eligible for a Paragard Lawsuit?
The eligibility criteria for a Paragard lawsuit are straightforward:
- Had Paragard IUD: First, the plaintiff must show that they had implanted a Paragard IUD (not another type of IUD).
- Fracture During Removal: Second, prospective claimants must have experienced a fracture of their Paragard device during the removal process. That fracture must have left pieces of the IUD inside the body.
- Injuries: Finally, to have a good case, you must be able to show that you were seriously injured or suffered extensive pain and underwent further medical treatment as a result of your Paragard fracture.
- Within the Last 2/3 years: The fracture of your Paragard must have occurred within the last 2 or 3 years; otherwise, the statute of limitations deadline on your claim may have already expired.
Injuries in Paragard Lawsuits
There are a handful of primary injuries involved in the Paragard lawsuits. These injuries result when the Paragard’s arms fracture inside the body during removal. Each of these separate injuries is discussed below.
Pelvic Inflammatory Disease (PID)
Pelvic Inflammatory Disease (PID) is an infection that affects the female reproductive organs, including the uterus, fallopian tubes, and ovaries. It occurs when bacteria, often transmitted through sexual activity, enter the reproductive organs and cause inflammation. The most common bacteria associated with PID are sexually transmitted infections such as chlamydia and gonorrhea, but other bacteria can also be responsible.
PID can lead to severe complications if left untreated, including infertility, chronic pelvic pain, and an increased risk of ectopic pregnancy (pregnancy outside the uterus). The symptoms of PID can vary but may include pelvic pain, abdominal pain, abnormal vaginal discharge, painful urination, pain during intercourse, and fever. Prompt medical attention and treatment with antibiotics are crucial to prevent complications.
Studies have shown that all IUD devices increase the risk of PID. However, a fracture of the Paragard IUD inside the body can frequently lead to PID because the fractured pieces can cause tissue inflammation, which can lead to infection and PID.
Chronic Abdominal Pain
Chronic abdominal pain refers to persistent or long-lasting pain in the abdominal area, the region between the chest and the pelvis. The pain is considered chronic when it lasts for an extended period, typically at least three to six months. It can be a complex symptom with various possible causes, and its intensity may range from mild to severe.
Chronic abdominal pain is the most common injury associated with a fracture of the Paragard. The fractured parts of the IUD, mainly if they have migrated or caused damage within the pelvic area, can lead to inflammation, infection, or other complications that may manifest as abdominal pain. Surgical removal of the fractured pieces may be necessary.
Infection
In many cases, fracturing of the Paragard during removal can lead to internal infections. The pieces of the Paragard that break off inside the body can migrate and become lodged in tissue. The plastic pieces of the IUD can often have or lead to bacterial infections. Internal infections from a fracture Paragard can be severe.
Hysterectomy
A hysterectomy is a surgical procedure that involves the removal of the uterus. In some cases, it may also involve the removal of other reproductive organs, such as the cervix, ovaries, and fallopian tubes. The extent of organ removal depends on the type of hysterectomy performed. Hysterectomy is a major surgical procedure, and recovery time varies depending on the type of hysterectomy and individual factors.
Although not common, fracture of the Paragard during removal can, in some cases, lead to complications that ultimately require a hysterectomy. Several reported cases have been reported, including at least one case described in Case Reports on Women’s Health. In that case, a 38-year-old female experienced a fracture of her Paragard during removal. The pieces of the Paragard became lodged in her uterine wall, leading to a hysterectomy.
Contact Us About a Paragard Lawsuit
If you had a Paragard IUD device that broke or fractured during the removal process (or while implanted), you probably have a valid claim for financial compensation. Contact us today at 800-553-8082 or online for a free consultation.