The Paragard intrauterine device (IUD) has long been lauded as a reliable and convenient contraception. However, as more women have come forward with stories of complications, ranging from severe pain and bleeding to devise migration and perforation, a darker side of Paragard has emerged.
This article sheds light on the legal options available to women who have experienced serious complications with Paragard IUDs.
Understanding Paragard IUD and Its Common Complications
Paragard is a type of intrauterine device (IUD) that is a well-liked choice for long-term contraception due to its hormone-free design. It consists of a small T-shaped device of copper inserted into the uterus to prevent pregnancy. However, while Paragard is generally considered safe and effective, it is not without its share of complications.
Common complications associated with it include increased menstrual bleeding and cramping. However, more serious complications can also occur, such as device migration, perforation of the uterus or other organs, and infection resulting in severe pain and discomfort.
According to the Drug Watch, you must be careful as removal may be more difficult if the Paragard IUD breaks or gets stuck in the uterus. In contrast to hormonal IUDs, which had 2,140 breakage reports, copper IUDs had 4,144. In addition, breaks were disproportionately greater for copper (9.6%) than hormonal (1.7%) IUDs among the 170,215 adverse occurrences recorded.
Legal Options for Women With Paragard IUD Complications
Depending on the nature and severity of the complications, potential legal avenues may include product liability lawsuits against the manufacturer of the Paragard IUD. Also, medical malpractice claims against the healthcare provider who inserted the device or class action lawsuits filed by groups of affected women.
To pursue legal action, women must gather and preserve relevant medical records, documentation of the complications, and any other evidence that supports their claim. Seeking legal advice from experienced attorneys specializing in medical device litigation can help women understand their legal rights.
Filing a Personal Injury Lawsuit
Personal injury lawsuits are typically based on the legal concept of product liability, which holds manufacturers responsible for injuries caused by defective or dangerous products.
Women must establish that the device was defective or dangerous to file a personal injury lawsuit related to the IUD complications. Also, the complications they experienced directly resulted from the device’s defect or danger.
It may require gathering evidence such as medical records, testimony, and other relevant documentation to prove the link between the IUD and the complications.
Joining a Class-Action Lawsuit
A class-action lawsuit is a legal action brought by a group of individuals with similar claims against a common defendant, in this case, the manufacturer of the Paragard.
Joining a class-action lawsuit can offer several advantages, including shared legal costs and resources and increased leverage against a powerful defendant. In a class-action lawsuit, women who have experienced complications with their IUD can join together, collectively pooling their claims and pursuing legal action. Women should also carefully review the terms of the class-action lawsuit.
Participating in Multidistrict Litigation
Multidistrict litigation (MDL) is a federal procedure consolidating similar lawsuits filed in different federal districts into one court for pretrial proceedings. It allows for more efficient management of the cases, including exchanging information and coordinating legal efforts.
Joining and participating in a Paragard lawsuit as an MDL can offer several benefits for women seeking compensation for Paragard IUD complications. First, it allows them to pool their resources and efforts with other plaintiffs, which can help level the playing field against large manufacturers and their legal teams.
It can also streamline the legal process, wherein TorHoerman Law LLC, a law firm, explains its intricacies to make the litigation process easy to understand.
TorHoerman Law LLC mentions that if you or a loved one used a Paragard IUD and later sustained injuries due to device breakage, migration, or defect, you may be eligible to bring a Paragard lawsuit.
It’s worth noting that according to Forbes, as of mid-August 2022, there were around 1,314 plaintiffs who were a part of the Paragard MDL established in 2022. Although the lawsuit is moving slowly, the multidistrict litigation judge ordered the plaintiffs to provide specific discovery materials in July 2022. Taking this action is a crucial advancement in the case.
Pursuing an Individual Settlement with the Manufacturer
Another legal option for women who have experienced complications with their IUD is to pursue an individual settlement with the device manufacturer. Sometimes, the manufacturer may be willing to negotiate a settlement to resolve the claim outside of court.
An individual settlement can offer several advantages for women seeking compensation for their IUD complications. First, it allows for more control over the negotiation process, including the potential for customization of the terms and conditions of the settlement. It also allows for a potentially faster resolution, as it avoids the lengthy litigation process associated with lawsuits.
Filing a Complaint With the FDA
Women who have experienced complications with their Paragard also have the option to file a complaint with the U.S. Food and Drug Administration (FDA). The FDA is the regulatory agency responsible for overseeing the safety and effectiveness of medical devices, including intrauterine devices like Paragard.
Filing a complaint with the FDA can serve as an important step to bring the issue to the attention of the regulatory authorities and potentially trigger further investigation and action. In addition, women can report adverse events, such as device breakage, migration, or other complications, to the FDA through their MedWatch program.
Seeking Compensation Through Insurance or Other Means
Depending on the insurance coverage and policies in place, some women may be able to file a claim with their health insurance provider for medical expenses incurred due to IUD complications.
Insurance claims may cover costs such as hospitalizations, surgeries, medications, and other treatments related to the complications. Therefore, it’s important to review the insurance policy, understand the coverage and limitations, and work with experienced legal advisors to navigate the claims process effectively.
Alternatively, women may explore other means of seeking compensation, such as through reimbursement programs offered by the manufacturer or other parties involved.
There Have Been Issues with the Paragard IUD That Have Harmed Women
According to Planned Parenthood, Paragard, which prevents conception for up to 12 years, is covered in a very small amount of copper. It also says that these IUDs are over 99% effective if you get one placed within 120 hours (5 days) after having unprotected intercourse.
However, this sense of urgency and ease may also lead to issues and complications, which have been linked to and significantly impacted the lives of some women.
If you have experienced complications with your IUD, it’s important to understand your legal options. Remember, you have rights as a patient, and you deserve to seek justice and compensation for any harm caused by the IUD’s complication.
