The Paragard IUD, sometimes simply referred to as Paragard, is a form of birth control that involves placing a copper intrauterine device in a woman’s uterus. While this medical device is certainly effective in many cases and is a hormone-free long-term birth control option for women who do not wish to have children at the time, Paragard IUDs have also been the cause of unexpected and unwanted adverse events. In fact, there have been several lawsuits brought against Paragard due to serious injuries incurred after its placement.
What Is Paragard?
The Paragard IUD is a 100% hormone-free prescription birth control device that utilizes the ingredient copper to prevent pregnancy in women. The Paragard IUD is over 99% effective and is a permanent form of contraception that is placed in a woman’s uterus and can stay there for up to 10 years. This intrauterine device is created from flexible and soft plastic that light copper coil surrounding it. Once in the uterus, most women cannot feel the IUD.
The placement of a Paragard IUD does not require surgery but rather is a nonsurgical routine that lasts as little as a few minutes. Once inserted, there is no downtime and it begins to prevent pregnancy immediately.
The copper ingredient in Paragard acts as a spermicide that immediately kills off sperm that enters the uterus. The copper wire also works to increase copper ions, white blood cells, and prostaglandins in the tubal fluids and uterus of a woman helping to prevent egg fertilization.
IUDs like Paragard are the most commonly used form of birth control, with a current estimate of 169 million people using IUDs throughout the world. Paragard IUD is the only copper-containing IUD approved for use in the United States and was created in the 1970s by the Population Council and Finishing Enterprise Inc. It was first manufactured and distributed for use in 1984. The IUD was originally created for four years of continuous use, but over the span of 10 years was created to last for 10 years. Today, the Paragard IUD is owned and manufactured by Teva Pharmaceutical Industries.
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Possible Injuries That A Paragard IUD Can Cause
There are several possible injuries and afflictions that can result from the use of the Paragard IUD. While most women do not experience any problems or side effects from this contraceptive device, some do. Possible injuries that can occur as a result of using the Paragard IUD include:
- Pelvic inflammatory disease (PID)
- The device could attach or go through the uterine wall, creating problems within the body
- Loss of infertility or loss of pregnancy if a woman becomes pregnant while the Paragard IUD is inserted
- Failed IUD removals, which can result in a number of issues including the need for a laparoscopy, hysteroscopy, or laparotomy
- Uterine rupture, which can result in loss of fertility or the need for a hysterectomy
- Fractured pieces of the Paragard IUD left inside a woman after having it removed
- Organ perforation of the uterine wall, fallopian tubes, or cervix
- Other type of organ damage
- Severe menstrual symptoms, including heavy bleeding, cramping, and pain
- IUD migration
- Allergic reactions
- Ectopic pregnancy
Every person is different, and it’s hard to tell whether someone will have a bad experience with the Paragard IUD. Additionally, some women may simply suffer extreme periods, while others must have an invasive procedure to fully remove the IUD successfully.
Causes Of Paragard IUD Injuries
There are several reasons why a Paragard IUD may result in harm to the woman. Common causes include:
- A defective design: This can occur when the product is manufactured incorrectly and the defect is not detected during the inspection phase of manufacturing.
- Improper labeling: If a pharmaceutical company does not properly label the Paragard IUD, doctors are not equipped with important information related to the risk of the IUD.
- Failure to warn: Failure to warn is similar to improper labeling and refers to when a manufacturing company fails to inform doctors of the potential risks of the Paragard IUD.
- Negligence: Negligence can occur in several different scenarios in terms of the Paragard IUD. The manufacturers of the IUD owe doctors and patients a duty to create devices that are safe and effective. Doctors also have a responsibility to inform patients of the potential risks associated with using the Paragard IUD and to regularly monitor patients who are using the IUD.
When it comes to proving that Paragard, the manufacturers of Paragard, or the doctor who placed the IUD in the patient are at fault, one or more of these causes are often present.
Past Lawsuits Filed By Paragard IUD Users
Women who file lawsuits against the manufacturer of Paragard typically do so after severe complications arise from either having the IUD in their body or upon the removal of the IUD. Two examples of past lawsuits file by Paragard IUD users include:
- Georgia Bowers: Georgia Bowers was a Paragard IUD user who filed a lawsuit against the manufacturers of Paragard in 2020 after broken pieces of the IUD were left in her body following its removal. In her lawsuit, Bowers’ stated that the manufacturers of Paragard were aware of the increased risk of issues such as arm breakage upon removal and yet continued to manufacture and sell these products.
- Carley Tredway: Carley Tredway filed a lawsuit against the manufacturers of Paragard after she had her IUD removed but due to device breakage one arm remained in her uterus. Her doctor was forced to perform a hysteroscopy to remove the other arm of the IUD.
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Understanding Paragard Lawsuits: Class Action Lawsuits vs. Multidistrict Litigation
Navigating the legal world can be difficult for anyone who has not studied to become an attorney, or ever filed a lawsuit. If you’re filing a Paragard lawsuit, you’ll want to understand which type of claim you’re filing and why.
In the case of Paragard lawsuits, this means understanding the difference between class action lawsuits and multidistrict litigation (MDL).
Class action lawsuits occur when an entire group of people decides to file together against another party for a harmful prescription drug, defective medical device, or other product liability.
Multidistrict lawsuits are similar in form to class action lawsuits but differ in many ways. Multidistrict lawsuits are comprised of many individuals filing singular lawsuits against a party or parties.
The main difference between these two types of suits is that a class action becomes a single lawsuit in which one person or a few select people act as the lead plaintiff and very little to no action is required from the rest of the plaintiffs. Settlements are divided among the plaintiffs, with settlement amounts determined on a number of individual factors.
Multidistrict lawsuits, on the other hand, remain individual lawsuits. When many individuals are suing the same party for similar reasons, these suits may be grouped together in order to not bog down the court.
This means one judge will oversee all the proceedings for these lawsuits, from the pretrial hearings to the settlement determinations, but the lawsuits will remain individuals suits.
Determining which suit you should file largely depends on your purpose. If you have suffered extensive harm after problems related to your Paragard ID, such as infertility, issues from broken IUD arms, organ perforation, or ectopic pregnancy, then a personal injury suit may be necessary to recover enough damages to compensate for your loss.
Has Paragard IUDs Been Recalled?
As of now, the Paragard IUD has not been recalled and is still being used regularly by women throughout the world. However, in 2014, two lots of the Paragard IUD were recalled by Teva Pharmaceuticals due to a “lack of assurance of sterility.
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Contact Florin|Roebig For Your Paragard IUD Lawsuit
If you or a loved one has suffered as a result of a Paragard IUD, it’s important to seek legal representation to ensure you get the compensation you need and deserve. Some procedures that are needed to help women recover from the Paragard IUD can be costly and traumatic, and you shouldn’t be left with a pile of medical bills for a situation you certainly didn’t cause. Florin|Roebig has several experienced injury lawyers who are dedicated to helping individuals like you get the help and compensation they need when going up against large corporations like those that own Paragard. Contact us today for a confidential and free consultation to discuss your legal options at (800) 226-6581.