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The ParaGard IUD is a small, T-shaped device made of plastic and wrapped in a thin layer of copper. By inserting it into the uterus, this device prevents pregnancy by creating an environment that is inhospitable to sperm and eggs.
While IUDs are generally safe medical devices, the specific design of the ParaGard has led to the device breaking apart during the removal process. Due to this defective design, ParaGard’s manufacturers, first Teva Pharmaceuticals and then CooperSurgical, have been named in mass tort lawsuits seeking compensation for victims.
The core issue with the ParaGard is that the plastic “arms” on the device are too rigid. Rather than flexing when doctors remove it, these components may snap, leaving behind sharp pieces of plastic. These plastic shards can cause pain, lead to infection, and may require invasive surgeries to remove.
A product is defective if it fails to function safely when used by an ordinary consumer in an intended or expected way. In the case of an IUD, consumers have a reasonable expectation that the device will not break and injure them while they undergo a routine device removal procedure.
Design defects fall into three primary categories:
This occurs when a product has an inherent flaw that makes it dangerous due to its design. ParaGard is an example of defective design, as the primary cause of injury is the product’s rigid plastic “arms,” which can snap.
This occurs when something goes wrong in the production process, causing the product to deviate from its design and become dangerous. ParaGard’s defects are not the result of defective manufacturing because the rigid plastic “arms” are part of the product’s design.
A manufacturer must warn users about any known risks associated with its use or instructions for its safe use. Since manufacturers of ParaGard failed to warn users of the risk of the device breaking, defective warnings may also be a factor in these mass tort cases.
To pursue compensation for the injuries caused by a defective ParaGard IUD through a mass tort lawsuit, you must establish certain criteria that demonstrate your eligibility. Some of these criteria include:
The primary risks associated with the removal of a ParaGard IUD include:
Broken fragments left behind in the uterus can lead to inflammation and infection, which may require antibiotics or surgical intervention.
The presence of sharp fragments in the uterus can cause scarring, which may affect future fertility and lead to chronic pain or other complications.
If a broken piece of the IUD punctures the uterine wall, it can lead to bleeding, pain, and the need for surgery to repair the damage.
In extreme cases, women may need to undergo a hysterectomy to remove the uterus entirely due to complications from the broken ParaGard. This procedure can lead to weeks of recovery and result in emotional trauma.
Women who suffered injuries due to a ParaGard IUD defect in Tennessee may be able to seek compensation for the following losses:
Your past and future medical expenses related to treating the injuries you suffered from the defective product, including surgeries, hospital stays, prescription medications, and other medical treatments.
The wages you lost while recovering from your injuries and your loss of earning potential if your injuries impact your ability to work in the future.
The physical pain and emotional suffering you experience due to your injury, such as if you suffer from chronic pain ever since the procedure to remove the defective IUD.
If you had to undergo a hysterectomy, you may be able to seek compensation for its permanent impact on your life.
If your injuries impacted your marital or sexual relationship with your spouse, they may be able to seek compensation for loss of consortium.
Were you injured by a defective ParaGard IUD? Did the device break during the removal procedure, leaving you in pain and needing additional medical treatment? You may be eligible to seek compensation for your injuries through a mass tort injury lawsuit against the manufacturers.
Hughes & Coleman Injury Lawyers has extensive experience holding pharmaceutical and medical device companies liable for injuries their products cause. Fill out our questionnaire to determine whether you’re eligible to pursue a lawsuit against ParaGard’s makers. If so, our team of Tennessee ParaGard IUD defect lawyers can help.
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