ParaGard IUD Embedded in Uterus, Resulting In Complications During Removal: Lawsuit

A product liability lawsuit warns ParaGard birth control implants are unreasonably dangerous and defectively designed, indicating a women suffered serious complications after a Paragard IUD embedded in her uterus and one arm broke off when her doctors attempted to remove the implant.

The complaint (PDF) was filed by Frances B. Cash in the U.S. District Court for the Eastern District of Tennessee on January 22, naming Teva Pharmaceuticals, Teva Woman’s Health, LLC, the Cooper Companies and Cooper Surgical, Inc. as defendants.

Paragard is a T-shaped intrauterine device (IUD), which is placed in the uterus to provide women long-active protection against pregnancy for up to ten years. However, it is intended to be an easily reversible, where doctors are able to remove the IUD during an office procedure when they no longer want the birth control.

According to the lawsuit, Cash’s physician implanted her a ParaGard IUD in 2017, and she decided to have the implant removed in November 2020. However, despite following the removal instructions provided by the manufacturer, Cash’s doctor retrieved the IUD with one arm missing, which became embedded in her body.

As a result of the Paragard IUD removal complications, Cash required a hysteroscope and endometrial curettage to have the fragment removed, leaving her with permanent injuries.

“At all relevant times, each Defendant had knowledge that there was a significant increased risk of adverse events associated with ParaGard IUD including arm breakage, and despite this knowledge Defendants continued to manufacture, market, distribute, sell, and profit from sales of ParaGard IUD,” the lawsuit states. “Despite such knowledge, Defendants knowingly, purposely, and deliberately failed to adequately warn Plaintiff, patients, consumers, medical providers, and the public of the increased risk of serious injury associated with using ParaGard IUD.”

The case joins a number of similar ParaGard lawsuits filed throughout the federal court system, which were recently centralized as part of a federal multidistrict litigation (MDL) before U.S. District Judge Leigh Martin May in the Northern District of Georgia, for coordinated discovery and pretrial proceedings.

As part of the management of the litigation, it is expected Judge May will establish a “bellwether” process, where a small group of representative claims will be prepared for early trial dates to help gauge how juries may respond to certain evidence and testimony that will be presented throughout other cases.

While the outcome for these early trials would not be binding on other plaintiffs, they may facilitate ParaGard IUD settlements. which would avoid the need for dozens, or possibly hundreds, of additional trials to be scheduled throughout the federal court system.