Paragard IUD Lawsuit

What is Paragard?

Paragard is a T-shaped, hormone-free, device made of flexible plastic with a thin coil of copper around the plastic. The copper is thought to serve as the device’s active ingredient by preventing sperm from reaching the egg and fertilizing it.

The copper IUD is placed inside the uterus to prevent pregnancy. It is removable, and can last up to 10 years, according to the manufacturer. However, severe complications can occur if the device migrates, breaks, falls out or pierces the uterine wall.

The Food and Drug Administration (FDA) first approved Paragard in 1984. The FDA approved revisions for Paragard’s prescribing label in 2005 and 2019. Initially, the IUD was recommended for patients in monogamous relationships with at least one child. The expanded recommendation includes women from age 16 to menopause.

Why are people filing Paragard IUD lawsuits?

People with Paragard and their medical providers have made more than 50,000 reports to the FDA in the 40 years since Paragard was approved. This is according to publicly available data in the FDA Adverse Events Reporting System (FAERS) database. 

Of the tens of thousands of reports, more than 21,000 have involved serious complications and at least 17 deaths. In 2023, FAERS received 4,134 reports of serious complications related to Paragard. This does not mean that Paragard caused the adverse event and reports by themselves are not an indicator of Paragard’s safety profile. In addition, FAERS may include duplicate reports or may significantly undercount the number of women whose copper IUDs have broken during removal. 

Potential Paragard complications and injuries

As a result of alleged design defects, severe Paragard complications and injuries may include:

• Death
• Infertility and loss of reproductive health
• Mental anguish
• The need for surgeries, including hysterectomy
• Perforation of the cervix and uterus
• Severe pain and discomfort

Speak with a medical professional if you are concerned that you may be experiencing dangerous side effects from Paragard or complications from any other IUD.

Who qualifies for a Paragard lawsuit?

Individuals who would like to file a Paragard IUD lawsuit must meet eligibility requirements. These requirements may include such things as:

• Having a Paragard device implanted by a healthcare provider
• Breakage of the Paragard device during removal or prior to removal
• Experiencing a personal injury as a result of the breakage of the IUD

People who wish to file a Paragard copper IUD lawsuit must be able to provide documentation to prove they meet the requirements. A Paragard attorney at Motley Rice can discuss what information you need to file a lawsuit.

Contact an attorney about Paragard litigation

If you or a loved one have or had the Paragard birth control device and experienced complications, you may have a claim. Complete this form or call 1.800.768.4026 for more information and to discuss a potential Paragard lawsuit.

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Who are the named defendants in Paragard lawsuits?

The Paragard lawsuits consolidated in MDL 2974 name CooperSurgical, The Cooper Companies, Teva USA, Teva Women’s Health LLC and Teva Branded Pharmaceutical Products R&D as defendants.

CooperSurgical acquired the Paragard copper IUD from Teva in 2017. Teva may still be liable for injuries caused by Paragard that were implanted prior to the sale in 2017.

What is the Paragard MDL?

When many filed lawsuits share common questions of fact and common defendants in the US federal court system, the cases can be consolidated into multidistrict litigation (MDL). A group of judges, appointed by the US Chief Justice, will review the cases and centralize them into one district court. This consolidation process is designed to save resources and ease the burden on district courts.

The Honorable Leigh Martin May presides over the federal Paragard lawsuits in the U.S. District Court for the Northern District of Georgia. As of February 1, 2024, there were 2,444 lawsuits pending in the Paragard IUD MDL.

Motley Rice attorney Fidelma Fitzpatrick was Court-appointed to the Paragard MDL Plaintiffs’ Executive Committee (PEC) and Kristen Hermiz was Court-appointed to the Plaintiffs’ Steering Committee (PSC).

What damages may be available in a Paragard lawsuit?

If your attorney is successful in winning a jury trial or negotiating a favorable settlement on your behalf, you may be able to receive compensatory damages for:

• Emotional distress
• Loss of consortium (loss of companionship with one’s spouse)
• Loss of income
• Medical expenses
• Physical pain and suffering

The damages that may be available for you will depend on the specific circumstances of your case. An attorney with experience handling medical device litigation can help you explore what compensation may be available for you. There are currently no settlements or verdicts in the Paragard MDL litigation. The cases are still in discovery. 

Our experience with medical device litigation

The attorneys at our law firm have experience representing people alleging harm by defective medical devices including:

• Acting as court-appointed lead-counsel for coordinated cases involving permanent birth control device Essure®
• Acting as court-appointed co-lead counsel for the Mirena® IUD multidistrict litigation (MDL)
• Serving on the Plaintiffs’ Steering Committee (PSC) for Nuvaring® multidistrict litigation (MDL)

In addition to being a member of the Plaintiffs’ Executive Committee (PEC) of the Paragard MDL, medical attorney Fidelma Fitzpatrick served as court-appointed lead counsel of the Plaintiffs’ Executive Committee (PEC) for more than 32,000 Essure® cases coordinated in California state court. 

Read more on our birth control litigation experience.

FAERS is intended to help identify safety concerns related to marketed products but it does not prove any product or drug is linked or caused a particular side effect or injury. The information in the FAERS reports has not been verified.

Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. Paragard remains approved by the U.S. Food and Drug Administration.