A contraceptive device should provide peace of mind, not lead to unexpected pain, and a future of medical uncertainty. You chose the Paragard IUD device, trusting it was a safe, long-term, and hormone-free option for birth control. Now, you may be facing the frightening reality of device failure, fracture, and serious internal injuries. If you or a loved one suffered serious complications because of a defective Paragard device, you may be eligible to file a Paragard lawsuit to recover compensation for what you’ve been through.
From the shores of California and Florida to the neighborhoods of New York City, thousands of women are discovering they are not alone in this struggle.
You may have endured painful procedures to remove broken pieces of the device, suffered organ damage, or received a devastating diagnosis that affects your future fertility. When the physical and emotional toll feels immense, and the path forward can seem unclear, The Russo Firm is here to provide the clarity and capable assistance you need.
Our experienced dangerous device team understands the sensitive nature of your injuries and is ready to support you, offering compassionate guidance and determined legal advocacy. Our firm is dedicated to holding medical device manufacturers accountable when their products cause harm. Take the first step to understanding your rights and exploring your legal options for securing justice and fair compensation for your suffering.
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You do not have to navigate this challenging time by yourself. Contact The Russo Firm to share your story and learn how we can support you.
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Why Choose The Russo Firm for Your Paragard Lawsuit Case?
When you are facing a legal battle against a major medical device corporation, the law firm you choose matters. You need a team that not only possesses advanced legal knowledge but also understands the human side of your struggle. The Russo Firm combines compassionate client support with the strength and resources necessary to effectively handle complex mass tort claims across the United States. We see you, we hear you, and we are prepared to fight for you.
Our commitment to our clients is unwavering. We believe that negligent manufacturers must be held responsible for the harm their products cause. Our attorneys are dedicated to providing personalized attention, ensuring you feel supported and informed from your first call to the final resolution of your case. We understand the pain and disruption these injuries cause, and our goal is to lift the legal burden from your shoulders so you can focus on your health and well-being.
Here is what sets The Russo Firm apart:
- Nationwide Reach: While we provide a personal touch, our firm has the resources and network to handle Paragard cases for clients anywhere in the U.S.
- Focused Knowledge: We are on the leading edge of the Paragard litigation, understanding the specific legal arguments, scientific evidence, and procedural complexities of these mass tort claims.
- Proven Advocacy: Our team is composed of determined litigators who are skilled in negotiation and courtroom advocacy. We prepare every case with the thoroughness required for success.
- Unwavering Compassion: We recognize the sensitive and personal nature of Paragard injuries. Our team approaches every client with empathy, respect, and a genuine desire to help.
- Commitment to Justice: We are driven by a passion for holding powerful corporations accountable and securing meaningful compensation that reflects the full extent of our clients’ losses.
What is a Paragard Dangerous Device Claim?
A Paragard dangerous device claim is a type of product liability lawsuit filed by individuals who have been harmed by the Paragard copper IUD. These legal claims allege that the device has serious design or manufacturing defects and that the manufacturers failed to provide adequate warnings to patients and doctors about the potential risks.
Specifically, lawsuits across the country allege that the Paragard IUD has a tendency to break, often during the removal procedure. This breakage can leave fragments of the device embedded in the uterus or other organs, leading to a host of serious medical complications.
The Defect: Why Does Paragard Break?
The central issue in the Paragard lawsuit litigation is the device’s propensity to fracture. The Paragard IUD is a T-shaped plastic frame wrapped with copper wire. The two arms at the top of the “T” are designed to be flexible to allow for insertion and removal.
However, plaintiffs in the litigation allege that the plastic arms can become brittle and lose their flexibility over time. When a healthcare provider attempts to remove the device as instructed, by pulling gently on the retrieval strings, the brittle arms may not fold upward as intended. Instead, they may snap off, leaving one or both arms inside the patient’s body. This unforeseen breakage can turn a routine office procedure into a medical emergency requiring invasive surgery.
What Are the Injuries Associated with Paragard Use?
When a Paragard IUD fractures or migrates, it can cause severe and sometimes permanent injuries. The broken pieces can perforate the uterine wall, travel into the abdominal cavity, and damage surrounding organs.
Common injuries cited in Paragard claims include:
- Uterine Perforation: A broken arm of the IUD can puncture the wall of the uterus.
- Cervical Perforation: The device or its fragments may embed in or puncture the cervix.
- Migration of IUD Fragments: Broken pieces can move to other parts of the body, causing damage and inflammation.
- Infection and Inflammation: Retained IUD fragments can lead to serious infections and chronic inflammation.
- Organ Damage: The bladder, intestines, and other pelvic organs may be damaged by migrating device fragments.
- Painful and Invasive Removal Surgeries: Complex procedures, such as hysteroscopy or even a hysterectomy, may be required to locate and remove the broken pieces.
- Infertility: Scarring and damage to the reproductive organs can impact a woman’s ability to conceive in the future.
- Ectopic Pregnancy: If pregnancy occurs with a misplaced or fractured device, there is a higher risk of a dangerous ectopic pregnancy.
These injuries are not just physical. The emotional trauma of a failed medical device, the stress of unexpected surgeries, and the potential loss of fertility can have a profound and lasting impact on a person’s life.
Failure to Warn: What the Manufacturers Allegedly Knew
A key allegation in the Paragard lawsuits is that the manufacturers, including Teva Pharmaceuticals and Cooper Surgical, knew or should have known about the risk of device fracture and failed to adequately warn the medical community and the public. The U.S. Food and Drug Administration (FDA) has noted thousands of adverse event reports detailing Paragard breakage.
Lawsuits claim that the product’s labeling and marketing materials downplayed the severity and frequency of these risks, presenting the device as safe and easily removable. This alleged failure to warn deprived patients and their doctors of the ability to make a fully informed decision about their choice of contraception.
Do I Have a Paragard Case?
You may be wondering if your experience with the Paragard IUD qualifies you to take legal action. While every case is unique, you may have a valid claim if you had a Paragard IUD implanted and subsequently suffered serious complications.
Generally, you may be eligible to file a lawsuit if:
- Your Paragard IUD broke or fractured upon removal.
- You required surgery to remove the IUD or fragments of the device.
- The device migrated from its original position and caused internal damage.
- You suffered from uterine or cervical perforation.
- You were diagnosed with significant injuries, such as organ damage or infertility, related to the device.
It is important to understand that you do not need to be certain that your case meets all the legal requirements before contacting an attorney. The purpose of a free consultation is to allow our knowledgeable legal team to review the details of your situation and advise you on your options. Speaking with a lawyer from The Russo Firm can provide the clarity you need to move forward.
Who May Be Held Liable in a Defective Paragard Lawsuit Claim?
In product liability cases involving defective medical devices, the primary defendants are typically the companies responsible for the design, manufacturing, marketing, and sale of the product. For the Paragard IUD, legal responsibility may extend to several corporate entities that have been involved with the device over the years.
The main parties named in the ongoing Paragard litigation include:
- Cooper Surgical: This company acquired the rights to Paragard in 2017 and is the current manufacturer and distributor. As the company that is presently marketing and selling the device, it is a central defendant in the lawsuits.
- Teva Pharmaceutical Industries Ltd.: Teva and its related entities owned and manufactured Paragard for many years before the sale to Cooper Surgical. A significant number of the injuries reported occurred in women who had their devices implanted when Teva was the manufacturer, making this company a key defendant in the litigation.
These large corporations have a legal duty to ensure their products are reasonably safe for their intended use. Lawsuits allege that they breached this duty through negligent design, failure to conduct adequate safety testing, and failure to provide sufficient warnings about known risks. The goal of a Paragard lawsuit is to hold these companies financially accountable for the injuries and losses their products have caused and help those injured receive the care they need.
What Damages Are Available in a Paragard Lawsuit?
The purpose of filing a Paragard lawsuit is to secure compensation for the wide range of losses you have suffered due to the defective device. This financial recovery, known as damages, is intended to help restore you to the position you were in before the injury occurred. While no amount of money can erase the pain and trauma you have endured, it can provide essential financial stability and a sense of justice.
The legal team at The Russo Firm can conduct a thorough assessment of your case to identify all possible damages you may be entitled to recover. We fight to ensure that any settlement or verdict fully accounts for the harm you have experienced, from medical bills to the personal impact on your life.
Compensation in a Paragard claim is typically broken down into two main categories:
Economic Damages: These are the specific, calculable financial losses tied to your injury. They include:
- Medical Expenses: Compensation for past and future medical care, including removal surgeries, hospital stays, prescription medications, and physical therapy.
- Lost Wages: Reimbursement for any income you lost while unable to work due to your injuries or medical treatments.
- Loss of Earning Capacity: If your injuries have resulted in a long-term or permanent disability that affects your ability to earn an income, you may be compensated for this future loss.
Non-Economic Damages: These damages are meant to compensate for the intangible, personal losses that do not have a precise dollar value but are just as real. They include:
- Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the device failure and subsequent medical procedures.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities, hobbies, and life events you once enjoyed.
- Loss of Consortium: In some cases, a spouse may have a claim for the loss of companionship and intimacy resulting from the injuries.
- Infertility: The loss of the ability to have children is a profound and devastating outcome for which you deserve to be compensated.
In some instances, a court may also award punitive damages. These are not meant to compensate the victim but to punish the defendant for particularly reckless or egregious behavior and to deter other corporations from similar misconduct. These damages are rarely awarded, and our Paragard attorneys can determine if they are appropriate in your case.
What If I’m Partly to Blame for My Accident Injuries?
It is common to worry if something you did or did not do might affect your case. In many personal injury claims, a legal concept known as comparative negligence may apply, where a person’s compensation might be reduced if they are found to be partially at fault for their accident.
However, in a product liability case involving a defective medical device like the Paragard IUD, this concept rarely applies to the plaintiff. If you used the device exactly as intended and relied on your healthcare provider for proper insertion and removal, the fault lies with the product’s defective design and the manufacturer’s failure to warn of the risks, not with you, the patient. You are not to blame for a medical product failing in a way you never could have anticipated.
What is the Deadline for Filing a Paragard Lawsuit?
Every state has a law called the statute of limitations, which sets a strict time limit on your right to file a lawsuit. If you fail to file your claim before this deadline expires, you may lose your right to seek compensation forever, regardless of how strong your case is.
The specific deadline for a Paragard lawsuit can vary significantly depending on the state where you live and the details of your case. Generally, the “clock” starts ticking on the date you knew or reasonably should have known that you were injured by the Paragard IUD. This is often referred to as the “discovery rule.” For example, the clock might start to run on the day your doctor informed you that the IUD had fractured during removal.
Because these deadlines are complex and unforgiving, it is critical to act quickly. Consulting with an attorney as soon as possible after your injury is the best way to protect your legal rights. The team at The Russo Firm can determine the specific deadlines that apply to your potential claim and help ensure all necessary legal actions are taken in a timely manner. For instance, product liability actions in a state like Florida generally must be filed within a few years of the injury being discovered, as outlined in state law.
How Much Does It Cost to Hire a Paragard Lawsuit Attorney?
The Russo Firm believes that everyone deserves access to high-quality legal representation, regardless of their financial situation. We understand that the last thing you need when facing mounting medical bills is another expense. That is why we handle all Paragard lawsuit claims on a contingency fee basis.
This means you pay nothing upfront. We cover all the costs of investigating, developing, and litigating your case. You will not pay any attorneys’ fees unless and until we receive a settlement or verdict on your behalf. Our fee is a pre-agreed-upon percentage of the total recovery. This arrangement removes the financial risk from you and allows you to pursue the justice you deserve with a dedicated legal team on your side.
How a Lawyer From The Russo Firm Can Help You
Navigating a mass tort lawsuit against a powerful corporation can feel like an impossible task to undertake alone. When you partner with The Russo Firm and an experienced mass tort lawyer, you are leveling the playing field. Our team manages every aspect of your legal claim, providing you with peace of mind and the freedom to focus on your recovery.
Here is how we help:
- Investigate Your Claim: We start by gathering all essential evidence, including your medical records, correspondence with doctors, and documentation of the device failure. We work with medical experts to build a strong foundation for your case.
- Handle All Paperwork: The legal process involves complex paperwork, strict deadlines, and precise procedural rules. We manage all legal filings and communications on your behalf.
- Negotiate With the Defense: Our attorneys are skilled negotiators who will advocate for a fair and full settlement that accounts for all your damages. We will handle all communications with the manufacturer’s legal team.
- Litigate If Necessary: While many cases are resolved through settlement, we prepare every case as if it will go to trial. If a fair settlement offer is not made, our trial attorneys are fully prepared to present your case to a judge and jury.
- Provide Constant Support: We believe in open and honest communication. Your legal team will be available to answer your questions, provide regular updates, and offer the compassionate support you need throughout the process.
Paragard Lawsuit FAQs
What is the Paragard IUD? The Paragard IUD is a hormone-free intrauterine device made of a plastic T-shaped frame wrapped in copper. It is designed to provide long-term birth control for up to 10 years.
Why are people filing lawsuits over Paragard? Injured plaintiffs are alleging that the device has a defective design that makes it prone to breaking or fracturing, especially during the removal process. Plaintiffs claim the manufacturers failed to properly warn patients and doctors of this risk.
What kind of injuries can a broken Paragard cause? A broken Paragard IUD can cause serious injuries, including uterine perforation, migration of device fragments into the abdominal cavity, organ damage, infection, the need for invasive surgeries like a hysteroscopy or hysterectomy, and potential infertility.
Do I have to join a class action lawsuit? Paragard cases are not in a class action. They are consolidated into a Multidistrict Litigation (MDL), which is a legal procedure that allows individual lawsuits to be managed more efficiently. If you join the MDL, you still have your own individual case and can decide whether to accept a potential settlement.
What should I do if I have been injured by a Paragard IUD? The most important step is to seek medical attention for your injuries. Then, it is critical to preserve any evidence you have and speak with an attorney who has experience with defective medical device cases to understand your legal rights and options.
A Path Toward Healing and Justice
You placed your trust in a medical product that was supposed to be safe. When that trust is broken, it leaves you with physical injuries and emotional scars. Now is the time to find a new source of strength and advocacy. At The Russo Firm, we help people from diverse communities, whether in major hubs like Miami or smaller towns across the country, stand up to corporate negligence and reclaim their futures. Your voice deserves to be heard, and your story matters.
Let us provide the support you need to seek justice. The journey toward healing begins with a single, courageous step. Contact our dedicated Paragard lawsuit lawyers today by calling (954) 767-0676 or complete our online contact form for a free, confidential, and compassionate consultation. Let us lift the legal burden so you can focus on what is most important: your well-being.
The Russo Firm – Delray Beach Office
301 W Atlantic Ave
Delray Beach, FL 33444
P: (561) 270-0913