Paragard Lawsuits Over Claims of Copper IUD Breaking To Proceed
According to a new order by a Georgia federal judge, the makers and distributors of Paragard must face a string of consolidated class action lawsuits as an MDL alleging that the copper IUD broke within patients’ bodies without warning.
In Re: Paragard IUD Products Liability Litigation
Lawsuits Against Teva & the Cooper to Proceed MDL
On Nov. 16, U.S. District Judge Leigh Martin May issued an order stating that the defendants’ motion to dismiss the multidistrict litigation (MDL) brought by customers against Teva Pharmaceuticals and The Cooper Companies would not be granted immediately.
In December, the United States Judicial Panel on MDL consolidated more than 100 cases and assigned them to Judge May. Teva and Cooper filed a motion for the dismissal of the ParaGard IUD MDL in September.
They said that the claims between the companies had not been sufficiently defined. Additionally, they contended that the complaint lacked a claim for defective design or manufacture.
On the other hand, Judge May disagreed, stating that the complaint contains supporting facts for design defect claims, such as the use of plastic T-shaped parts that lack sufficient flexibility.
She further asserts that there are clear claims of alleged deviations from manufacturing processes and that the United States Food and Drug Administration requirements support a manufacturing defect claim.
Allegations In The ParaGard IUD MDL
The plaintiffs assert that Teva and Cooper sold copper IUDs despite being aware of the risk of breakage during removal.
For instance, plaintiff Demonica H. lodged a Paragard complaint in November, alleging that the copper IUD had inclinations for breaking at the arms during explantation, leading to serious injuries.
According to Demonica, the former Paragard manufacturer Teva Pharmaceuticals, as well as Cooper, the firm that purchased the IUD in 2017, failed to guarantee that the product was safe and defect-free.
Demonica claims she implanted the Paragard IUD in July 2017 under the mistaken belief that the device would provide her with reversible birth control.
Moreover, Demonica visited a doctor in November 2018 to get the device removed. However, when the doctor attempted to extract the device, the IUD allegedly broke into numerous pieces that needed to be removed separately.
Lastly, the plaintiff says in her lawsuit that this occurrence resulted in significant injury. According to her, she has experienced physical and psychological injuries, loss of reproductive health, pain and suffering, and financial injury as a result of past and future medical bills.
Editor’s Note on Copper ParaGard IUD MDL Class Action:
This article is written to inform you of the lawsuits against Paragard Copper IUD to proceed as an MDL over allegations that the device can break when attempting to remove it. You might also be interested in the Philips Ventilators Lawsuit.
Case Name & No.: In Re: Paragard IUD Products Liability Litigation, Case No. 1:20-md-02974
Jurisdiction: U.S. District Court for the Northern District of Georgia
Allegations: Paragard IUD has a propensity to break upon removal
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