Paragard IUD Lawsuit Settlement Amounts

An IUD settlement is compensation offered to those filing lawsuits that allege injuries suffered from IUDs. Lawsuits can be resolved through settlements or verdicts. 

• A settlement is negotiated between the lawsuit parties. 
• A verdict is a decision made in court by a judge or jury.

Successful verdicts in favor of plaintiffs (the person alleging harm) place liability on the company that manufactured the defective device. Settlement offers may require people to sign a document saying the company admits no wrongdoing for their alleged harm.

What is Paragard?

A Paragard IUD (intrauterine device) is a form of birth control that can stay in a woman’s body to provide birth control for up to 10 years. It is temporary and non-hormonal. The device is a T-shaped plastic frame made of polyethylene and barium sulfate wrapped in copper wire. The copper interferes with the transport of sperm and the fertilization of the egg. A doctor inserts Paragard into the uterus during an appointment.

Paragard entered the market in 1984 with an expiration date of four years. Although that expiration date was eventually extended, plaintiffs argue no additional testing was done on Paragard’s raw plastic T or the copper sleeves on each side of the Paragard arm to support this extension. 

What claims do the Paragard lawsuits make?

The makers of Paragard claim the product is simple, effective and can be removed quickly and easily. But, serious complications have been reported if the device migrates, breaks, falls out or pierces the uterine wall. Any of these can occur during normal usage and upon removal. The Paragard lawsuits allege that the makers of Paragard did not adequately warn about breakage of the device, including that surgery might be necessary due to a Paragard breakage.

Plaintiffs allege that Paragard is prone to breaking inside the body during regular use, even if properly placed by a physician. During removal, the arms of the device are intended to fold upward, allowing the device to easily slide out through the cervical opening. Instead, they often break, causing pieces of the IUD to remain in the body. The Paragard pieces may require hysterectomy, hysteroscopy, or other surgical procedures to be removed, jeopardizing a woman’s ability to have children.

Paragard’s makers have received reports about Paragard’s propensity to break and the resulting injuries. However, Plaintiffs allege the companies concealed this information and failed to take sufficient action to inform patients, physicians or the public about Paragard’s risks. Lawsuits allege this failure to act required women to endure life-altering consequences. Women nationwide are filing lawsuits to hold Paragard makers accountable for these and other damages. 

Plaintiffs allege Paragard’s label provides vague, confusing and incomplete warnings of the risks associated with use of the IUD. Prior to 2019, the Paragard label did not adequately warn consumers that the IUD had a tendency to break frequently during routine, non-surgical removal procedures, plaintiffs allege. The label also failed to warn that breakage could require surgical procedures to remove the pieces left in the body.

Publicly available data in the FDA Adverse Events Reporting System (FAERS) database shows tens of thousands of reports concerning Paragard. People with Paragard and their medical providers have made more than 52,000 adverse reports to the FDA in the 40 years since the device was approved for use. In the first half of 2024 alone, FAERS received 2,863 reports of serious complications related to Paragard. 

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.

When numerous lawsuits filed in the US federal court system share common questions of fact and common defendants, the cases can be consolidated into multidistrict litigation (MDL). An appointed judge 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 Paragard IUD lawsuits are consolidated in MDL 2974. They name CooperSurgical, The Cooper Companies, Teva USA, Teva Women’s Health LLC and Teva Branded Pharmaceutical Products R&D as defendants. Here is how the companies are connected to Paragard: 

• Teva USA manufactured Paragard through a subsidiary called Duramed from 2008 until 2009, when Duramed’s name was changed to Teva Women’s Health, Inc. 
• Between 2009 to 2017, Paragard was designed, developed, manufactured, tested, labeled, packaged, distributed, marketed and sold throughout the United States by Teva Women’s Health, Inc. 
• On November 1, 2017, CooperSurgical purchased Teva Women’s Health, LLC, including Paragard. 
• From 2017 to the present, CooperSurgical and related companies design, develop, manufacture, test, label, package, distribute, market and sell Paragard throughout the U.S.

Judge Leigh Martin May presides over the Paragard multidistrict litigation in the U.S. District Court for the Northern District of Georgia. As of August 1, 2024, there were 2,774 lawsuits pending in the Paragard IUD MDL. 

Motley Rice is involved in the IUD litigation. Motley Rice attorney Fidelma Fitzpatrick was Court-appointed to the Paragard MDL Plaintiffs’ Executive Committee (PEC). Kristen Hermiz was court-appointed to the Plaintiffs’ Steering Committee (PSC). 

The Paragard litigation is ongoing, and bellwether trials are expected to begin in 2025. Bellwether trials are individual cases chosen for trial from the overall MDL pool. These “test cases” can measure how juries react to evidence and arguments and help speed up settlement negotiations.

Paragard litigation is still evolving, so it is difficult to know exactly how the cases will progress. They could receive individual trials and verdicts, or the defendant may make a larger settlement offer. Any attorney who guarantees funds, especially certain amounts, may not have your best interests in mind.

If there are Paragard settlements, potential amounts will vary based on numerous factors, such as the type of lawsuit and the specifics of each case. Lawyers with medical device lawsuit experience can also take your case to court to pursue an IUD lawsuit verdict in the absence of a settlement offer.

Recent IUD settlement news

No settlements or verdicts have been reached yet in IUD multidistrict litigation. Once decisions are reached, this section will be updated accordingly.

Here are some frequently asked questions about IUD settlements.

Has anyone received a settlement from the IUD litigation?

No, no one has received a settlement or verdict from the IUD litigation. As of August 1, 2024, the cases consolidated in MDL 2974 are still in the discovery phase pending bellwether trials. An attorney with experience handling medical device litigation can advise you regarding potential compensation.

What determines IUD lawsuit settlement amounts?

Numerous factors will determine IUD lawsuit settlement amounts, if offers are made. No set amount is awarded. Instead, a settlement depends on the damages a person suffered. Paragard IUD lawsuit attorneys can review your case to see if you are eligible to file.

Plaintiffs should be wary of attorneys who guarantee a certain amount of money in an IUD settlement or verdict. However, a personal injury lawyer’s experience and perspective can make a significant difference in reaching a favorable settlement. When your lawyer meets with you to discuss your case, they will begin learning the elements of your particular claim and determining the best way to get a favorable settlement or verdict. A Motley Rice Paragard IUD attorney can use their experience to assess the value of your case and any settlement offers received.

Who is eligible for an IUD lawsuit payout?

Women who were injured while using Paragard may be eligible for an IUD lawsuit and payout if the case is successful. Individuals who want to file a Paragard IUD lawsuit must meet eligibility requirements and provide documentation proving they meet the criteria. These requirements might include such things as:

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

If you or someone you love experienced Paragard IUD complications, you may be eligible to file a Paragard lawsuit pursuing financial compensation. A Paragard attorney at Motley Rice can discuss the information you need to file a lawsuit.

The attorneys at Motley Rice have experience representing people alleging harm by defective medical devices. Our experience includes:

• 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 PEC for more than 32,000 Essure® cases coordinated in California state court. 

Read more on our medical drug litigation experience.