What is the ParaGard IUD?
The ParaGard IUD is an intrauterine device that is implanted in the uterus to prevent pregnancy. It is 99.9% effective at pregnancy prevention and is a reversible, long-term type of birth control. The ParaGard is shaped like a T and is made out of plastic that is wrapped in copper wire. After it is implanted by a doctor, it can reportedly last for 10 years.
The Cooper Companies purchased ParaGard from Teva Pharmaceuticals in 2017. It first received approval from the U.S. Food and Drug Administration in 1984 and was subsequently marketed beginning in 1989. The ParaGard IUD is a copper IUD and is hormone-free. It works by continuously releasing copper into a woman’s uterus. Copper interferes with sperm and keeps it from reaching the ova, helping to prevent pregnancy from happening. It also causes some slight irritation to the uterine lining to prevent implantation of any fertilized egg.
What are the risks of the ParaGard IUD?
Multiple risks exist for the ParaGard IUD, including several potentially serious complications and injuries. once the IUD has been asserted, some of the common types of risks and side effects include the following:
- Heavy, long menstrual periods
- Severe pain during menstruation
- Stomach or back pain
- Pelvic inflammatory disease
- Ectopic pregnancy
- Embedment of the device
Device expulsion occurs much more frequently with copper IUDs than other types. In a study that was published by the American Journal of Obstetrics and Gynecology, the authors found that 10.2% of women who had copper IUDs implanted experienced expulsion as compared to just 4.9% of women with hormone-based IUDs. An expulsion might cause the device to move out of place or to be expelled from the body. If the woman is not aware of the expulsion, she could experience an unexpected pregnancy. A partial expulsion might require the woman to undergo surgery to remove the IUD.
When a ParaGard IUD becomes embedded in the lining of the uterus, it might have to be surgically removed. These IUDs can also perforate the uterine wall or the cervix. If it is not discovered quickly, it can cause adhesions, penetrate the intestines, and cause other types of damage. The devices can migrate and damage other organs. Some women suffer from injuries and inflammation caused by copper left in their bodies and may suffer uterine scarring which can prevent them from having children in the future. Finally, some women may be forced to undergo hysterectomies because of damage caused by ParaGard IUDs.
In some cases, the ParaGard IUDs fail long before they are expected to last and may break when they are being removed. Some women require corrective surgeries and suffer from other complications because of device breakage, failures, perforations, and embedment of the devices.
ParaGard IUD lawsuits
Several lawsuits have been filed against Teva Pharmaceuticals and The Cooper Companies by women who have been injured by the ParaGard IUD. These lawsuits generally claim that the companies failed to provide adequate warnings about the risks that were involved with using this IUD. Some of these lawsuits include claims that Teva Pharmaceuticals failed to warn them about the possibility of breakage.
Women have sued after their devices migrated from their uteruses and caused damage to other organs. Some cases have included claims that the companies misrepresented the ParaGard IUD by claiming that it was effective and safe and for designing and manufacturing a dangerous and defective medical device.
Eligibility to file a lawsuit
Not every case involving an injury will form the grounds for taking legal action. Each case is complex and fact-dependent. There are several things that your attorney might consider when determining whether your claim has legal merits. For example, your lawyer might want to know why you chose the ParaGard IUD instead of a different birth control method. He or she might also want to know whether your IUD had to be removed early because of expulsion, embedment, or migration. The complications that you suffered, including device breakage, infections, surgical repairs, and removals of perforated organs are also important considerations. Your attorney might review any warnings that have been issued about the risks and compare them to what happened in your case.
An experienced attorney at The Lovely Law Firm can help you to determine liability in your case. We can answer your questions and discuss any concerns that you might have during your free consultation.
What compensation can be recovered in a ParaGard IUD lawsuit?
Every legal claim is different, and the amount of money that might be recoverable will depend on your particular facts. Your attorney can help to determine the value of your potential claim. A defective medical device claim might allow you to recover economic and non-economic damages that are designed to compensate you for your losses. Your economic damages are the out-of-pocket costs that you have suffered because of your injury and include such things as your past and future medical expenses and your past lost wages and your future reduction in your ability to earn an income. Economic damages are generally fairly straightforward to calculate. By contrast, calculating the value of non-economic damages is more difficult.
Your non-economic damages are monetary awards for the losses that you have suffered that are more intangible. These include such things as pain and suffering damages and loss of consortium. Your pain and suffering damages include your physical pain, emotional trauma, suffering, disability, and the loss of your ability to enjoy life. Loss of consortium damages are monetary awards that are awarded to spouses when an injury has harmed their relationships, including loss of companionship, affection, and support. Your attorney can help you to understand the various types of damages that might be available to you, depending on the extent of your injuries, the likelihood of you fully recovering, and other factors.
Learn more from the experienced lawyers at The Lovely Law Firm
If you have been injured and have suffered serious complications because of the ParaGard IUD, you may have valid grounds to file a claim against the device’s manufacturers. The attorneys at the Myrtle Beach, South Carolina law firm at The Lovely Law Firm are experienced with representing people who have been harmed by defective medical products and are currently accepting claims for evaluation. We offer free consultations to injured victims to help them to understand the rights that they might have. If we determine that your claim has legal merits, you can determine the steps that you want to take. Call us today to learn about your legal options and to schedule a consultation by calling us at 843.839.4111. You can also submit information about your potential claim to us by submitting it to us through our online contact form.