Paragard IUD Class Action Lawsuit Updates September 2024

September 16, 2024:

• Teva and Cooper Seek Dismissal of Paragard Claims: Teva Pharmaceuticals and The Cooper Cos. are urging an Atlanta federal judge to dismiss 236 lawsuits within the Paragard MDL, claiming they are time-barred. These allegedly untimely cases fall into three categories: claims where the statute of limitations begins on the date of Paragard removal surgery, cases prohibited by the statute of repose which sets a time limit after the product's sale or use, and claims where strict liability is barred by state law.

September 10, 2024:

• New Paragard Lawsuit Filed in Missouri: A Missouri woman joined the growing number of plaintiffs suing Teva and Cooper over alleged injuries caused by the Paragard IUD. The lawsuit echoes common claims in the MDL, asserting that the device broke during removal, leading to pain, suffering, and potential need for further surgeries. The plaintiff is pursuing various legal claims, including strict liability, negligence, breach of warranty, and fraud, and is seeking a jury trial.

September 5, 2024:

• MDL Caseload Grows: The Paragard MDL witnessed a notable surge in filings during August, with 57 new cases added. This influx brings the total number of lawsuits pending in the MDL to 2,793.

September 2, 2024:

• Plaintiffs Target Teva: Plaintiffs have set their sights on expanding the scope of the Paragard litigation by seeking to include Teva Pharmaceutical Industries Ltd. as a defendant in the ongoing MDL. However, Teva is resisting this move, arguing procedural hurdles and lack of sufficient grounds for the amendment. 

August 26, 2024:

• Plaintiffs Seek Custodial Files in Paragard MDL: Plaintiffs have filed a motion to compel the defendants, Teva and Cooper, to produce custodial files for 31 newly identified custodians. The motion alleges that the defendants' previous attorneys failed to timely identify these custodians as required by a court order issued two years ago. The new counsel, appointed in late 2023 and early 2024, acknowledged deficiencies in prior productions and identified these additional custodians through re-interviews and further document gathering. The plaintiffs argue that this delay has significantly hindered their discovery process and request the court to order the defendants to produce the custodial files promptly and at their expense.

August 19, 2024:

• Paragard Settlement Amount Speculation: With a trial set for October, the question of the average Paragard lawsuit's worth is becoming increasingly relevant. The severity of injuries resulting from a broken IUD during removal varies widely, influencing potential settlement amounts. While defense lawyers argue that most cases involve temporary injuries, the real suffering experienced by women is undeniable. The upcoming trial may offer insights into how juries value this suffering and set a benchmark for future settlement negotiations.

August 13, 2024:

• Defendants Seek Dismissal Based on Statutes of Limitations and Repose: Teva and other defendants in the Paragard litigation have filed a motion to dismiss several cases, citing the statute of limitations or the statute of repose. While the statute of limitations is unlikely to result in many dismissals, the statute of repose could pose a challenge for older cases in certain jurisdictions, effectively barring claims filed beyond a specific timeframe, regardless of when the injury was discovered.

August 9, 2024:

• New Paragard Lawsuit Filed: A new lawsuit has been filed in the Paragard class action MDL. The plaintiff alleges that her Paragard IUD, implanted in 2017, fractured during removal in 2021, causing pain and necessitating further medical treatment.

August 5, 2024 Update:

• Paragard MDL Case Count Decreases Slightly: The Paragard IUD Products MDL-2974 experienced a minor decline in active cases from July to August 2024. The number of active cases decreased from 2,774 to 2,736, a reduction of 38 cases. Still, it is the 14th largest active MDL.

July 10, 2024:

• California Woman Joins Paragard MDL: A woman from southern California joins the Paragard class action MDL, alleging that her Paragard IUD fractured during removal in July 2022, necessitating a second procedure to retrieve the broken pieces in October 2022.

July 9, 2024:

• Upcoming Status Conference in Paragard MDL: The next status conference in the Paragard MDL is scheduled for July 31st, with Daubert motions due on July 23rd.

July 1, 2024:

• Paragard IUD MDL Case Count Update: The Paragard MDL continues to grow, with 132 new cases brought in the month of June - making a total of 2,822 cases filed against the company in the federal court in Georgia under MDL number 2974. The first bellwether trial in the Paragard MDL is set to begin in October 2024 in Georgia. Plaintiffs in these cases allege that the Paragard IUD is prone to breakage during removal due to insufficient flexibility.

June 3, 2024:

• Paragard Class Action Lawsuit MDL Growth Continues: The Paragard Class Action Lawsuit MDL continues its steady growth, reaching 2,690 pending cases as of June 2024. The first bellwether trial is scheduled for later this year, with plaintiffs alleging the IUD is prone to breakage due to insufficient flexibility.

May 6, 2024:

• Dispute Over Document Review: Paragard IUD lawyers and plaintiffs clash over the interpretation of the ESI Protocol regarding Technology Assisted Review (TAR) systems used in document production. Plaintiffs express concern about transparency and timeliness, claiming the defendants made unilateral modifications to TAR without proper consultation. The judge will decide whether a deeper inquiry is warranted.

April 3, 2024:

• FDA Warning Ignored: An investigative report reveals that the FDA had warned CooperSurgical, the maker of Paragard, about the potential for the IUD to break during removal. However, the company reportedly took no action in response to this warning.

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Can Paragard IUDs (Intrauterine Device) Cause Serious Complications?

The Paragard IUD, a popular copper intrauterine device, is facing a wave of litigation as thousands of women come forward alleging serious complications and inadequate warnings from the manufacturer, Teva Pharmaceuticals.

While Paragard has been praised for its effectiveness in preventing pregnancy and its appeal to those seeking hormone-free contraception, a growing number of women are reporting devastating complications. These range from device expulsion and migration to uterine perforation, along with a host of other debilitating side effects.

What Happens When a Paragard IUD Migrates or Breaks?

One of the most concerning complications associated with Paragard is device expulsion, where the IUD is partially or completely expelled from the uterus. This can lead to unintended pregnancy and may require medical intervention to remove or replace the device. In some cases, the IUD can migrate outside the uterus, embedding itself in the uterine wall, intestines, or other organs. This can cause severe pain, infection, organ damage, and may necessitate surgery to locate and remove the device.

Can a Paragard IUD Perforate the Uterus?

Although rare, uterine perforation is another potential complication of Paragard insertion. This occurs when the IUD punctures the uterine wall, potentially leading to severe pain, infection, internal bleeding, and damage to surrounding organs. In some cases, perforation may require emergency surgery to repair the damage and remove the device.

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What are the Common Side Effects of Paragard?

In addition to expulsion and perforation, Paragard users have reported a range of other side effects, including:

• Increased menstrual bleeding and cramping

• Pelvic pain and inflammation

• Copper toxicity, which can lead to headaches, nausea, and vomiting

• Allergic reactions

• Ectopic pregnancy (in rare cases), a life-threatening condition where the fertilized egg implants outside the uterus.

Is Teva Pharmaceuticals Liable for Paragard Complications?

The Paragard Class Action lawsuits against Teva Pharmaceuticals accuse the company of negligence, failure to warn, and manufacturing defects. Plaintiffs allege that Teva failed to adequately inform users about the risks associated with Paragard and downplayed the potential for serious side effects in its marketing materials.

Many women claim they were not made aware of the possibility of device expulsion, migration, or perforation, and that had they known the true risks, they would not have chosen Paragard. Some plaintiffs also allege that the IUD's design or materials are faulty, contributing to their injuries.

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What Are Your Legal Options After Suffering Paragard Complications?

As of June 2024, over 2,690 Paragard Class Action lawsuits have been filed against Teva in a federal multidistrict litigation (MDL) in Georgia. Additional cases are pending in state courts across the country. While no global settlement has been reached yet, the outcome of these lawsuits could have significant implications for both Teva and the women who have suffered harm from Paragard.

If you have experienced complications from the Paragard IUD, it is important to seek medical attention and consult with an attorney specializing in Paragard Class Action  lawsuit litigation. You may be entitled to compensation for your pain and suffering, medical expenses, lost wages, and other damages.

The growing number of Paragard Class Action lawsuits raises important questions about the safety of medical devices and the responsibility of manufacturers to fully inform patients of potential risks. As this litigation continues, it will be crucial to monitor developments and ensure that women have access to accurate information and the legal support they need to seek justice.

If you or a loved one has suffered complications from Paragard, don't hesitate to seek legal advice. You are not alone.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.

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