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Attorney Requests Female Judge to Hear Paragard IUD Injury Lawsuits
December 04, 2020 - An attorney representing a woman claiming that she was harmed by the Paragard IUD made by Teva Pharmaceuticals USA Inc. on Thursday told the Judicial Panel on Multidistrict Litigation that cases over the birth control device should be sent to a federal judge in Atlanta in part because the judge is a woman and the litigation concerns women’s products.
“We believe that she is the best judge to get this of all proposed because she is a woman and this is a woman’s product dealing with women’s issues.,” Robert Hammers, plaintiff for the attorney, said.
The plaintiffs in the suits claim that the intrauterine devices implanted within them subsequently broke while they were being removed, causing them injury as pieces of the devices remained stuck in their uteruses. They claim Teva and Cooper Companies Inc. knew about the defect and the device’s propensity for breaking but failed to alert physicians or government regulators while overstating the benefits of the device.
“This is about attorney advertising and an uptick in that advertising promoted by movant’s counsel, not a genuine mass tort,” Teva and Cooper said in October. “It portends a model that plays out in MDLs in which cases are filed and added to the MDL not because they are meritorious, but rather because cases can easily be filed, escape individual scrutiny and artificially inflate case counts for settlement.”
If you or a loved one used a Paragard IUD and subsequently suffered complications and/or injuries, you may qualify for a Paragard lawsuit. Contact TorHoerman Law to speak with an experienced Paragard Lawyer about your legal options today.
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The Paragard Intrauterine Device (IUD) has been tied to numerous complications. Women across the country have reported that Paragard’s popular birth control device can break or fracture during removal, leading to serious injuries and further complications. Due to the damages, families across the country have begun to file Paragard IUD Lawsuits.
The Paragard IUD birth control device (T 380, T 380A, Tcu380A) is a medical product used to provide hormone-free, long-term birth control for women. Designed and manufactured by Teva Pharmaceuticals, the Paragard IUD is made up of a plastic base with a copper wire wrapped around it. The reaction produced by the copper creates an inflammatory reaction in the uterus that interferes with the sperm.
According to the manufacturer, the Paragard IUD is 99% effective at preventing pregnancy. The device is designed to provide birth control for up to ten years, and it must be implanted and removed by a doctor. Paragard and other copper IUDs are a popular alternative to hormonal birth control methods. While Paragard’s IUD is popular, it has also been tied to negative side effects and complications.
The most common Paragard side effects are less severe and part of the adjustment period. According to Teva Pharmaceuticals, these side effects usually wear off after the first two or three months of use. Some are more severe and may require medical attention.
Paragard can cause serious injuries and complications. These issues can stem from the device’s reaction within the body, problems during removal, or from the device itself. It’s important to be familiar with Paragard IUD risks if you use or consider using the product.
Women can be seriously injured during the removal of the Paragard IUD. During the removal process, pieces of the device can break or fracture. This requires additional surgery that is often extensive and painful. Some extreme cases of breaking and fracturing can require a follow-up hysterectomy.
Other potential injuries related to the device damaging the uterus. There are reports of the Paragard IUD perforating womens’ uterus lining. The Paragard website also mentions that the device could become “stuck in the uterus.” This complicates its removal and could lead to further required surgery.
Women with an implanted copper IUD run the risk of pregnancy-related complications. If a woman becomes pregnant with a device implanted, there is potential for an ectopic pregnancy. An ectopic pregnancy is “when a fertilized egg implants and grows outside the main cavity of the uterus,” as defined by the Mayo Clinic. Ectopic pregnancies most often occur in the fallopian tube and can lead to life-threatening bleeding and other complications.
Many Paragard intrauterine device lawsuits allege that Teva Pharmaceuticals USA, the manufacturer of the Paragard IUD, failed to warn about the device’s potential to fracture or break during removal. When a manufacturer fails to warn about increased risks and users suffer injuries, the manufacturer bears responsibility. In failure to warn lawsuits, victims can earn back financial compensation for their injuries, medical bills, lost wages, and pain and suffering.
Women are filing Paragard IUD removal complication lawsuits against Teva Pharmaceuticals. A lawsuit was filed in May of 2020 in Southern Illinois with alleged claims that the manufacturer failed to properly warn patients of the risk of injury due to device breakage during the IUD removal. As reported by The Madison-St.Clair Record:
“Beth Parker filed the complaint on May 28 against Teva Pharmaceuticals USA, Teva Women’s Health LLC, Teva Women’s Health Inc., Duramed Pharmaceuticals Inc., The Cooper Companies Inc., and Coopersurgical Inc.
The suit states that the defendants designed, researched, manufactured, labeled, packaged, promoted, marketed, and sold the ParaGard IUD.
Parker alleges the defendants knew the device was “dangerous and unreasonably defective” and withheld safety information from health care providers and patients. The suit states that the FDA has received over 1,600 reports of ParaGard breaking since 2010. Of those cases, 700 were classified as “serious.”
Parker seeks compensatory damages in excess of $75,000, plus attorneys’ fees, costs, and pre-judgment. She also seeks punitive damages against the defendants for attempting to misrepresent facts concerning the safety of ParaGard.”
Attorneys across the United States are now accepting and filing Paragard lawsuits. If you were implanted with a Paragard IUD and developed symptoms or complications related to the device, you could be eligible for an IUD lawsuit. This includes injuries from the device fracturing or splintering during its removal, uterus perforation, or complications from an ectopic pregnancy. Other potential injuries and complications include pelvic inflammatory disease (PID), excessive bleeding, and additional complications removing the device. If you used a Paragard IUD as prescribed by a medical professional and developed any of these complications or injuries, contact a Paragard injury attorney today to discuss your legal options.
The first step in filing a Paragard IUD lawsuit is to mitigate injuries by seeking proper medical care as soon as possible and following the doctor’s orders.
Then, you should familiarize yourself with the civil litigation process so that you know what to expect of your Paragard lawsuit.
Then, consider hiring a personal injury lawyer to act as your Paragard lawyer. Your state’s statute of limitations limits the time you have to take legal action after your injuries were either discovered or diagnosed, so it is important to consult a Paragard lawyer right away to initiate that process. At TorHoerman Law, we offer free, no-obligation case consultations for all potential clients. Contact us to learn about the next steps you need to take – we won’t charge you for our time and we don’t expect you to commit to our firm.
Once you have hired a Paragard lawyer to represent you, your lawyer will begin building a case to prove that liability for your injuries and losses falls on the manufacturer of Paragard or other parties involved. Your attorney will gather evidence to show liability, assess damages that you incurred as a result of your injury, and work to gain your compensation for those damages.
A Paragard IUD injury attorney will help you earn the best possible compensation for your IUD lawsuit. At TorHoerman Law, we have a team of personal injury lawyers with years of success in handling medical malpractice and defective medical device lawsuits. Our law firm focuses on helping those injured through no fault of their own. We offer free, zero-obligation case evaluations for all of our clients. Contact us today to learn more about your legal options and your potential Paragard IUD lawsuit.
September 2, 2020: A New York woman is suing units of Teva Pharmaceuticals and Cooper Companies Inc in federal court, alleging she was injured when a piece of a birth control implant they make and sell broke while it was being removed.
Vanesha Johnson told the court that Teva promoted and marketed the ParaGard IUD as safe and effective and without hormones or other side effects of other birth control methods. However, they failed to warn her or her physician that the arms of the device could break while being implanted.
Johnson had to undergo surgery to have the arm of the device removed and told the court she has suffered a range of injuries as a result, including loss of reproductive health, pain, suffering, mental anguish and loss of enjoyment of life, on top of the medical bills.
She alleges Teva overstated the benefits of the ParaGard while downplaying the risks and failed to warn that it could break and injure her. According to the complaint, Teva knew or should have known about its defects based on trials, third-party studies, and consumer experience and complaints. Additionally, the complaint states that the U.S. Food and Drug Administration has received more than 1,600 reportss of the ParaGard breaking, with more than 700 of those reports considered to be serious.
Johnson is seeking unspecified damages for 11 separate counts, including negligence, common law fraud, breach of express and implied warranty, design and manufacturing defects, failure to warn, and violations of consumer protection laws.
"Contraceptive Use in the United States." Guttmacher Institute, Guttmacher Center for Population Research Innovation and Dissemination, 26 July 2018, www.guttmacher.org/fact-sheet/contraceptive-use-united-states
Female Judge Should Hear IUD Cases, JPML Told. (n.d.). Retrieved December 04, 2020, from https://www.law360.com/productliability/articles/1333050/female-judge-should-hear-iud-cases-jpml-told?nl_pk=4ea5443d-d995-4317-90cc-b8209e697bbb
Fernández, Carlos Manuel, et al. "The "Broken" IUD: Its Detection and Clinical Management." Semantic Scholar, Allen Institute for Artificial Intelligence, 1 Jan. 1970, www.semanticscholar.org/paper/The-%E2%80%9C-Broken-%E2%80%9D-IUD-%3A-Its-Detection-and-Clinical-Fern%C3%A1ndez-Cabiya/10d26552962cbc4a1362b3fe086e164524b3154e
Korber, Patricia E, and Bram H Goldstein. "The Management of a Patient with a Fragmented Intrauterine Device Embedded within the Cervical Canal." PubMed.gov, U.S. National Library of Medicine, National Institutes of Health, Jan. 2019, www.ncbi.nlm.nih.gov/pubmed/30138610
Nadgir, Anagha, et al. "Intrauterine Fragmentation of Gyne T380®: an Uncommon Complication." BMJ Sexual and Reproductive Health, British Medical Journal Publishing Group, 1 July 2004, srh.bmj.com/content/30/3/175
"New Study Finds Women's Health Providers Use IUDs More Than Any Other Method of Birth Control." Planned Parenthood, 23 Feb. 2015, www.plannedparenthood.org/about-us/newsroom/press-releases/new-study-finds-womens-health-providers-use-iuds-more-than-any-other-method-of-birth-control.
Teva Hit With Suit In NY Over Broken Birth Control Implant. (n.d.). Retrieved September 24, 2020, from https://www.law360.com/articles/1306173/teva-hit-with-suit-in-ny-over-broken-birth-control-implant
Wilson, Susan, et al. "Controversies in Family Planning: How to Manage a Fractured IUD." PubMed.gov, U.S. National Library of Medicine, National Institutes of Health, Nov. 2013, www.ncbi.nlm.nih.gov/pubmed/24028753
Last Modified: May 25th, 2021 @ 04:03 pm
The Paragard IUD birth control device is a medical product used to provide hormone-free, long-term birth control for women. The device is made up of a plastic base with a copper wire wrapped around it. The reaction produced by the copper creates an inflammatory reaction in the uterus that interferes with the sperm. While Paragard’s IUD is popular, it has also been tied to negative side effects and complications. Paragard can cause serious injuries and complications from the device’s reaction within the body, problems during removal, or from the device itself. Some of the more severe side effects include pelvic inflammatory disease, infections, pain during sex, anemia, perforation of the uterus and difficulty removing the device. A Paragard lawsuit has been filed on behalf of women who received the device and subsequently suffered injuries.
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