The rise in Paragard lawsuits has cast a spotlight on the potential risks and complications associated with the Paragard intrauterine device (IUD). As one of the most popular long-acting reversible contraceptive options, the Paragard IUD has provided women with an effective means of birth control for many years.
According to Straits Research, in 2022, the global market for intrauterine contraceptive devices was valued at USD 2.89 billion, with projections indicating it will reach USD 3.95 billion by 2031.
During the forecast period from 2023 to 2031, the market is anticipated to grow at a compound annual growth rate (CAGR) of 3.5%. The market is categorized into different products, including Mirena, Paragard, Skyla, Essure, Levosert, and others, offering various options for users.
However, a growing number of women have come forward with serious complaints and allegations against some of these products, leading to an increasing wave of legal action against the device’s manufacturers.
In this article, we delve into the surge of Paragard lawsuits, exploring the common complaints made by plaintiffs and the legal trends that have emerged.
The Surge in Paragard Lawsuits
The Legal Examiner states that Paragard is widely promoted as an excellent and affordable option, which explains why it ranks high among the preferred choices for OB-GYNs and patients alike.
In 2019, the U.S. Food and Drug Administration (FDA) issued a warning letter to Paragard manufacturers, expressing concerns that the product’s advertisements failed to sufficiently inform patients about potential risks.
By 2020, there had been a significant increase in the number of women who have filed lawsuits against the manufacturer of Paragard, Teva Pharmaceutical Industries. These lawsuits allege that Paragard is a defective product that has caused serious injuries to women.
Common Complaints in Paragard Lawsuits
The most common complaints in Paragard lawsuit cases are:
- Paragard migration: This is when the IUD moves out of its proper position in the uterus. This can be a serious problem, as it can lead to the IUD perforating the wall of the uterus, expelling, or becoming embedded in the uterine wall.
- Paragard perforation: This is when the IUD punctures the wall of the uterus. This can be a very serious injury, as it can cause severe pain, bleeding, and infection. In some cases, perforation can even lead to death.
- Paragard expulsion: This is when the IUD comes out of the uterus on its own. This can happen at any time, but it is more likely to occur in the first few months after the IUD is inserted. Expulsion can be a painful and inconvenient experience, and it can also make it difficult to get pregnant in the future.
- Paragard infection: This is when an infection develops around the IUD. This can be a severe infection, and it can lead to sepsis, which is a life-threatening condition.
According to TorHoerman Law, in addition to these common complaints, there have also been reports of other complications associated with Paragard, such as:
- Pain: Many women who have used Paragard have reported experiencing pain, including cramping, bleeding, and pain during sex.
- Irregular bleeding: Paragard can cause irregular bleeding, including spotting, heavy bleeding, and prolonged periods.
- Infertility: Some women who have used Paragard have reported difficulty getting pregnant.
Legal Trends in Paragard Lawsuits
The legal trends in Paragard lawsuits are still developing. However, the key trends include:
- Plaintiffs are alleging that Teva Pharmaceutical Industries, the manufacturer of Paragard, failed to warn about the risks of Paragard migration, perforation, expulsion, and infection.
- Plaintiffs are also alleging that Teva failed to design Paragard safely and effectively. The plaintiffs are alleging that the design of Paragard is defective and that this defect caused their injuries. For example, plaintiffs are alleging that the strings on Paragard are too short, which makes it difficult to remove the IUD.
In some cases, plaintiffs are seeking class-action status for their lawsuits. A class action lawsuit is a lawsuit filed on behalf of a group of people who have been injured by the same product or service. If a class action lawsuit is successful, the plaintiffs in the class action may be able to recover compensation for their injuries.
However, according to Forbes Advisor, as of now, Paragard cases are not being filed as class actions. Instead, they are being managed through multidistrict litigation (MDL). In an MDL, numerous individual cases are consolidated before one judge to streamline discovery and pretrial matters. This approach allows for more efficient handling of the cases while preserving the individuality of each plaintiff’s claim.
The outcome of the Paragard lawsuits is still uncertain. The cases are still in the early stages of litigation. It is anticipated that some of the cases may be settled out of court. Others may go to trial.
Conclusion
If you find yourself injured by a Paragard IUD, swift and informed action is paramount. Prioritize your health by seeking immediate medical attention and documenting all relevant details about the injury and subsequent medical treatment.
If possible, preserving the IUD as evidence can be crucial in building your case. Equally important is consulting a knowledgeable attorney with experience in product liability and medical device cases. They can provide invaluable guidance, assess your situation, and help you navigate the legal process to pursue a potential lawsuit against the manufacturer for compensation.
Remember, your rights and well-being are of utmost importance, and taking prompt and thorough measures to protect them can lead to seeking justice for the injuries you’ve endured.