At Dalimonte Rueb Stoller law firm we are committed to fighting for the rights of those who have been injured or have suffered from the use of medical devices. We will work hard to ensure that those who have manufactured and applied devices that endanger the public are held liable for their negligence. Our personal injury lawyers are experienced in Paragard IUD class action lawsuits and handling negotiations with the legal representatives of medical and pharmaceutical companies.
If you have suffered damages due to the use of Paragard or have a family member who has, your family is entitled to compensation that must be attained through a settlement or litigation process.
To begin the process, call the law offices of Dalimonte Rueb Stoller and speak with an experienced mass tort lawyer today. We will arrange a FREE consultation in which we will assess your case and explain to you what the settlement process will look like and how you can begin. Out Paragard lawyers are experienced and can help you reach the resolution you need to get your life back on track.
Table of Contents
Paragard IUD Overview
The Paragard Intrauterine Device, or IUD, is designed to be inserted into the uterus and functions to prevent pregnancy. This is a long-term, yet a reversible type of contraceptive.
The Paragard IUD is a small piece of flexible plastic coated in copper and implanted in the uterus by a medical professional. According to the manufacturer’s descriptions, this device is over 90% effective in preventing pregnancy and can provide these effects for up to ten years.
Paragard IUDs were originally created by the Teva Pharmaceuticals Company. In 207, Teva Pharmaceuticals was acquired by Cooper Industries for $1.1 billion.
The Paragard device was approved by the FDA in 1984 and was marketed soon thereafter. Since this time, Paragard IUDs were recommended for widespread use. Today, this is the only copper IUD available for use in the U.S. and, unlike other IUDs like Mirena, is hormone-free.
This device works by releasing small amounts of copper into the uterus over long periods of time. It is believed that this helps to prevent sperm from inseminating the egg and thereby preventing pregnancy. Furthermore, the Paragard IUD can cause changes in the uterine wall and this reduces the risks of implantation.
Dangers That Are Associated with Paragard
Unfortunately, there has been a series of problems with this seemingly perfect solution. There have been some negative side effects associated with the insertion of Paragard IUDs. Some of these can include:
- Severe menstrual pain
- Spotting or bleeding between periods
- Back pain
- Stomach pain
- Longer and heavier menstrual periods
The device has also been known to cause inflammatory diseases in the pelvis. This is a type of infection that has been found to occur within 20 days of insertion and affects the uterus or other reproductive organs. Antibiotics are most often prescribed to address this condition. Nevertheless, the condition can result in other serious health problems such as infertility, ectopic pregnancy, chronic pains, and even death.
Women who have used the copper Paragard IUD have been found at a greater risk of experiencing negative side effects in comparison to those that use other types of IUDs. A study found that 10.2% of women who have used these copper IUDs experienced an expulsion of the device or the device being completely ejected from the body, only 4.9% of Mirena users have experienced this.
Full or partial expulsion of the IUD may require surgery to completely remove the device, which would make it useless in its designed purpose.
Some of the other dangers associated with the removal of the Paragard IUD are:
- Scarring of the uterus
- Injury and inflammation as a reaction to copper in the body
- Device fractures during surgery
- Migration of the device and potential for organ damage
- Perforated uterine wall
- Device becoming embedded inside the uterus
Since 2010, over 1,600 reports of breaking devices have been filed with the FDA. Other faults with the Paragard IUD include failure to function long before the projected service lifespan, migration of the device or pieces of the device, devices becoming embedded in the uterus lining, and cases where the device goes missing completely.
Many women have suffered from these complications and have needed corrective surgery to undo the damages.
Liability for Injuries
It is an unfortunate fact that not all medical innovations are considered safe. If you have been injured or suffered from the use of a Paragard device, or have a family member who was injured in this way, you may be eligible for suing the manufacturers in a product liability lawsuit. But you will need the help of an experienced Paragard lawyer.
Defects in the Paragard IUD can be actionable if they involve design, manufacturing, or marketing. Failure to warn consumers is considered a marketing defect. The laws governing what is considered appropriate for pursuing a product liability lawsuit vary from state to state.
It will be necessary for the plaintiff to prove that it was a defect that caused the device to be considered dangerous. Furthermore, the defect must have been present when it left the manufacturer’s control. In the case of “failure to warn” it must be proven that the manufacturer had knowledge or should have had knowledge of the danger associated with use of the device. If there was knowledge of the danger of the device within the industry that produced it, the plaintiff must then prove that the manufacturer failed to warn consumers of this danger.
Have There Been Any Paragard IUD Lawsuits Filed?
Studies and many recent lawsuits show that Paragard, and specifically 380 models, have been known to cause injury and health conditions. The Paragard IUD has been known to migrate from its position and become embedded and lodged in various parts of the body, most notably the uterus.
Another potential danger posed by the Paragard IUD is that it may fracture or break and send pieces into other tissues and organs of the body. This can make it especially hard to retrieve all the fragments and can result in the need for a series of invasive surgeries, including a hysterectomy. It has also been found that Paragard is associated with ectopic pregnancies.
Do I Have An Eligible Case?
In the aftermath of such an injury, you may be wondering if you have an eligible case against the entities responsible for your damages. It is important to note that all situations are unique and the laws governing these situations are complex. It is impossible to provide a one-size-fits-all answer and it will be necessary to examine the details of your situation to determine if you have a valid case.
Here are some of the details we will have to consider:
- Warnings issued about the dangers of using the device
- Safety recalls or alerts made on the use of this device
- The need for hospitalization or surgical procedures to remove the device
- Complications that may have arisen during the removal of the device
- Reasons for using this device instead of other contraceptives
As you can see it can be difficult to determine whether or not you have an eligible case without speaking to a lawyer experienced in handling Paragard lawsuits. For this reason, you should schedule your consultation with Dalimonte Rueb and Stoller to find out more about your specific situation.
Why Speak to an Attorney about a Paragard IUD Lawsuit?
If you or someone in your family was using a Paragard IUD and experienced any of the complications mentioned here, you may have grounds to file a case against the manufacturers of these potentially dangerous devices.
Call the law offices of Dalimonte Rueb Stoller today and we will examine the details of your situation to see if you have grounds for a personal injury lawsuit. It is important to remember that there is a time limit in which to file your claim. If your case is not submitted on time you may run the risk of losing the right to pursue your case and forgo any due compensation.
This could be a detrimental error. The compensation you deserve is there to pay for your medical treatment and travel expenses as well as lost wages, surgical procedures, pain, suffering, medical treatments, and medication.
What Should a Person Do If They Were Injured by the Paragard IUD?
The first thing to do will be to talk with a lawyer experienced in Paragard lawsuits. Injuries related to the use of faulty Paragard IUDs can result in devastating and life-long damages. Injuries caused by a Paragard IUD can even result in women losing their capacity to have children.
Manufacturers of medical devices are obligated to produce items that are safe to use and free of negative side effects. When a product has flaws in the design and causes any type of injury patients who were given these medical devices have a full right to compensation.
Anyone who has been harmed through the use of a Paragard IUD should begin the process of obtaining their compensation by seeking out an experienced lawyer. Here are the steps you should follow if you or someone in your family has used a Paragard IUD and suffered injuries as a result:
Get medical treatment from a qualified doctor and begin focusing on following treatment and recovery instructions.
Speak with a lawyer. The law offices of Dalimonte Rueb Stoller have many years of experience in handling these cases and can help you if you have been injured due to faulty medical devices.
Gather your paperwork. You will want to keep a careful record of all the details related to your use of the device and your treatment for injuries caused by it. This includes medical bills, prescriptions, medical appointments, and even a journal in which you describe your recovery process. Your lawyer will be able to use this to build a strong case against the negligent parties.
Contact Dalimonte Rueb Stoller Today!
At Dalimonte Rueb Stoller we fully understand how difficult it can be to face the serious injuries and life-changing complications caused by these potentially dangerous devices. Count on the compassionate professionals here to carefully review the details of your case and offer you our legal perspective on what to do next.
Even though this device has worked fine for some people, there are still many who have suffered unspeakable complications from faulty devices. If you have been injured because of the use of a Paragard IUD, call us today for a free consultation. We promise to throw the full heft of our legal experience in obtaining you the compensation you need to face the uncertain future.