The Paragard intrauterine device (IUD) has been a popular long-acting birth control option for over 30 years.
However, in recent years, thousands of women have filed lawsuits claiming that the Paragard IUD broke upon removal, causing severe injury. As the legal landscape evolves, it becomes crucial for women to stay informed about the current status, potential compensation, and what lies ahead. Speaking of, there have been significant updates regarding the lawsuit settlements, eligibility criteria, and the legal process.
This blog aims to provide the most recent and relevant information to help you understand the current status of the Paragard IUD lawsuits and the potential settlement amounts.
Table of Contents
Background of the Paragard IUD Lawsuit
Paragard is a handy, T-shaped plastic device that is placed into the uterus to avoid pregnancy.
It contains no hormones and instead uses copper to dispose of any sperm. Once inserted properly, Paragard can provide continuous birth control for about 10 years. The device was first approved in 1984 and has been marketed in the U.S. by Teva Pharmaceuticals and Cooper Surgical, since 2017.
Thousands of women who used Paragard IUDs have filed lawsuits alleging serious injuries caused by the device. To date, 2,493 lawsuits have been filed under MDL number 2974, and 2,416 of these are still awaiting justice from the Georgia federal court. The number of lawsuits has been increasing steadily, with an average of 86 new cases added each month since May 2022.
Many claims focus on the Paragard breaking upon removal. Fragments can get stuck in the uterus, requiring follow-up surgery to locate and remove them. This can cause severe pain, bleeding, and potential infections.
Other lawsuits allege the IUD migrated, thus, puncturing the uterine wall or other organs, a potentially life-threatening complication. Some complaints even cite excessive bleeding and cramps while using the IUD.
Latest Developments and Settlement Updates
The Paragard IUD lawsuit, consolidated into a multidistrict litigation (MDL) in late 2020, for streamlined proceedings, has finally entered the next phase.
While there’s no exact timeline, key milestones have been set. The MDL, which has been sluggish for almost 3 years now, will conduct a bellwether trial on October 28, 2024. This marks the date as a potential indicator of progress toward settlements or further litigation.
As for the Paragard lawsuit settlement, the amounts might vary based on the severity of the complications. TorHoerman Law estimates that the settlement will range from $10,000 and go all up to $400,000. There’s also a possibility of compensation awarded on a tier basis.
The topmost tier or Tier 1 will offer the highest payout, around $100,000 to $380,000. It will be followed by Tier 2, which will offer payouts in the range of $40,000-$100,000. And finally, the bottom-most tier, or Tier 3, will offer settlements ranging from $10,000 to $40,000.
Again, as mentioned, these Paragard IUD lawsuit settlement amounts are just an estimation based on previous lawsuits and their results. While specific figures may vary, it’s important to dispel misconceptions and shed light on the factors influencing settlement amounts.
Settlements depend on the extent of injuries, medical expenses, and the overall impact on the lives of affected individuals. Say, for example, if a young woman in her early 20s became infertile due to IUD usage, she will be offered compensation in the higher range of the estimation.
What a Paragard IUD Settlement May Cover
If a settlement is reached, just as any other product liability settlement, it will likely cover:
- Medical costs like doctor visits, medications, and hospital bills
- Lost wages from missed work due to treatment
- Pain and suffering damages
- Funds for counseling and therapy
- Payment for revision surgery or hysterectomy
- Monitoring for future related health issues
Eligibility and Qualifications for Filing a Paragard IUD Lawsuit
If you’re using the Paragard copper IUD and have suffered harm directly related to the device, you’re eligible to file a lawsuit.
If you’ve experienced device breakage, migration, or injuries during insertion or removal of the IUD within 10 years of its insertion, you’re eligible for the lawsuit. Rare complications like multiple surgeries, infertility, and death are considered as extremities. Of course, you’ll need to provide medical records to confirm your Paragard IUD diagnosis and treatment. Those filing lawsuits generally seek compensation for economic damages like medical bills and lost income, as well as non-economic damages for pain and suffering.
It is recommended to consult a reputable product liability lawyer to review your case details and determine if you meet the criteria to file a claim.
What Plaintiffs Can Expect Moving Forward
The path ahead depends on your chosen option: Class Action vs. MDL settlement or individual trials.
If the MDL proceeds with settlements, you’ll likely receive information packages outlining eligibility and compensation tiers. Opting out of it opens the door for individual trials, a lengthier and more uncertain process.
Remember to consult a qualified attorney before exploring your options and determining the best course of action for your specific situation.
In conclusion, Paragard IUDs have caused severe complications for many users. As the lawsuit unfolds, remember your voice holds power.
By staying informed, seeking legal counsel, and connecting with support networks, you navigate this path with strength and awareness. While justice is still unfolding through lawsuits and potential settlements, women dealing with IUD injuries need support and care. Whether you’re considering legal action or simply seeking clarity, this comprehensive guide aims to empower you with the latest facts.
Remember, the path forward involves choices, and consulting legal professionals can help guide you toward the best decision for your unique circumstances. Stay informed, stay vigilant, and focus first on healing physically and emotionally from this experience.
Brighter days are just around the corner!