Intrauterine devices or IUDs are a little over a hundred years old. The first-ever mention of such devices was made in a 1909 paper written by Dr. Richard Richter. He essentially discussed an IUD made of silkworm gut and a bronze filament that could be inserted into the uterus.
Richter claimed that the ring was capable of preventing conception. Ever since then, different companies have manufactured IUDs as an effective form of birth control. Paragard IUD is also an intrauterine device that uses copper wire wrapped around a T-shaped plastic body.
The Planned Parenthood website considers IUDs to be highly effective. They are touted to be over 99% potent in preventing a pregnancy. However, the Paragard IUD is involved in active litigation for causing severe injuries. In this article, we will discuss the Paragard IUD lawsuit’s progress and settlement timeline.
Premise of the Litigation
The most important question is why the Paragard IUD has made it into the Federal courts. Even in the past, IUDs have had a notorious reputation in terms of safety. The infamous Dalkon Shield tragedy affected nearly 200,000 American women in the 1980s.
It was primarily alleged that the IUD led to fertility issues and unplanned pregnancies, even death in some cases. In 1985, 9,500 lawsuits were settled after which the company, A.H Robins Company in Virginia, filed for bankruptcy.
The Paragard IUD is said to be effective for at least 10 years after insertion. However, TorHoerman Law states that women reported extreme pain, discomfort, infection, scarring, and other injuries. It was found that the device had an inherent design flaw which made it susceptible to fracturing and migration.
The broken parts of the Paragard IUD moved to other areas of the body, causing organ damage and uterus perforation. Women began filing the Paragard lawsuit to receive the justice they deserved. By 2022, a class-action multi-district litigation (MDL) was created to manage individual cases more smoothly.
The Progress of the Lawsuit Since 2022
It’s important to mention here that the first Paragard IUD lawsuit was filed by a Nebraska woman in 2016. She complained of device fracture and migration which led to severe pain and additional costly surgeries.
It was not until 2022 that the litigation gained much steam. More and more women were becoming aware of the complications involved with the device. As they went for removal, many reported similar injuries.
The plaintiffs also alleged that the device manufacturers, Teva Pharmaceuticals and CooperSurgical, were aware of the risks associated with their products. It was clear that the companies decided to keep their profits over unsuspecting women who trusted their devices for efficacy and safety.
By December 2022, 700+ cases had been filed in the litigation. Initially, the pace was a bit slow with hardly 50 cases being reported every month. Toward the end of 2022, things changed as an average of 60 cases were reported each month.
The court decided to categorize the settlements into three Tiers based on the severity of injuries. It was expected that individual payouts would range anywhere between $20000 and $180,000.
Trial Preparations and Plaintiff Anticipation
Back in 2022, both sides were given a tentative trial date. The first-ever Bellwether trials for the Paragard litigation were expected to begin in January 2024. The lawsuit had been steadily growing to include over 1000 cases by the time we entered 2023.
Plaintiff attorneys were preparing to present evidence in the discovery process. The judge announced that 10 cases would be selected to represent the discovery pool. The plaintiff’s counsel was itching to fast-track the pre-trial process since the litigation had been active for many years.
Sadly, no selection process setup was made on time. As a result, it seemed unlikely that the trials would begin anytime in January 2024 as declared. On the bright side, over 900 adverse events were reported in the Food and Drug Administration (FDA) database. This was three times more than what was reported two years prior.
Attorneys were hopeful that the litigation would grow further, thereby ensuring justice for all the plaintiffs. By September 2023, an official announcement was made that the trial date would be postponed to October 2024. This also extended the pretrial discovery preparation dates for both parties.
As of now, the plaintiff’s fact sheet is ready and a case management order has been issued, outlining the events to be held. We entered 2024 with over 2,500 lawsuits. Currently, the trials have been pushed further to early 2025 in Georgia.
The pace of the litigation is slow indeed. In April 2024, it was found that the FDA did warn CooperSurgical of a design flaw during one of its inspections.
The company disregarded all warnings and continued manufacturing its defective product, even marketing it as safe and effective. The plaintiff’s side is hoping to see no more delays so that a global settlement offer is made in 2025.