What Is Paragard?
The Paragard IUD is a small, plastic, T-shaped device wrapped in a thin layer of copper. When inserted into the uterus, the device creates an environment inhospitable to both sperm and eggs, resulting in pregnancy prevention.
In general, IUDs are safe medical devices that millions of women use every year. However, the Paragard IUD has a design flaw that can lead to the device breaking apart during its removal, causing severe injuries.
As a result of this design defect, the original manufacturers (Teva Pharmaceuticals) and the current manufacturer (CooperSurgical) have been named in lawsuits seeking compensation for victims.
Types of Defective Product Cases
A product is defective when it poses a significant risk of harm to consumers using it in its intended or expected way. In the case of the Paragard IUD, consumers have a reasonable expectation that the device will not splinter when removed.
Product defects fall into three primary categories that consumers should be aware of:
This occurs when a product is inherently dangerous because of a flawed design. Imagine a butcher knife designed without a handle. Regardless of how you use it, it’s dangerous because of the poor design.
This occurs when a flaw is introduced into the product during the manufacturing phase. For example, if an issue with the manufacturing process causes a device to be less durable than it should be, that would be a manufacturing defect.
This occurs when the manufacturer fails to warn consumers of the dangers and risks associated with a product or provide instructions for its safe use.
How Does Paragard’s Defective Design Cause Injury?
Paragard injury lawsuits involve defective design. The flaws with the device don’t stem from an issue in the manufacturing process or the manufacturer’s failure to provide adequate warnings. The issue is that the device’s design and the materials from which it is designed to be made result in a product that is too rigid.
During the removal process, the “arms” of most IUDs can flex, making it easier for the device to come out. However, with Paragard, rather than flexing, the arms can snap, leading to small shards of sharp plastic remaining in the uterus.
If you are the victim of a defective Paragard IUD, fill out our questionnaire to learn more about your rights and how you can seek compensation through a lawsuit.
What Are the Risks of Using Paragard?
If a Paragard IUD fails during removal, it can lead to the following:
- Uterine Inflammation – Fragments of the device in the uterus can cause inflammation and potential infection. Treatment may involve antibiotics and even surgical intervention to remove the fragments.
- Uterine Scarring – Sharp pieces of the device can cut the uterus and lead to scarring. Scarring within the uterus can affect a woman’s future fertility and lead to chronic pain or increased bleeding.
- Uterine Wall Perforation – Broken shards of the IUD may perforate the uterine wall, causing bleeding and pain. Surgery may be necessary to repair the perforation.
- Hysterectomy – In extreme cases, a hysterectomy may be necessary to save the victim’s life if doctors are unable to stop infections or bleeding. Hysterectomies often require weeks of recovery and result in emotional trauma.
Evidence Needed to Establish Eligibility for a Paragard Lawsuit
For a successful lawsuit against Paragard’s manufacturers, you must have the following evidence, which your attorney can acquire:
You need documentation that the IUD you used was the Paragard. This may come from your medical records or a note from your doctor.
You need to show that you suffered complications during the removal of your Paragard IUD. This will typically be in your medical records, as well.
You need to show that you underwent treatment for the condition you suffered as a result of the complications, such as if you had to undergo surgery to remove fragments of the IUD.
You need to show that you suffered a financial loss due to the complications. This can be medical bills related to your treatment or evidence of lost wages if your injury impacted your ability to work.
What Compensation Is Available to Paragard Victims in Albuquerque?
After establishing your eligibility for a lawsuit, your attorney can assist you with calculating the compensation you’ll seek:
- Medical Expenses – Compensation for your surgeries, medical treatments, and prescription medications.
- Lost Wages – Compensation for your lost wages and loss of future earning potential caused by your injuries.
- Pain and Suffering – Compensation for the physical pain and emotional suffering experienced because of your injuries.
- Permanent Disability – Compensation for any permanent disability you suffered as a result of your injuries, such as if you had to have a hysterectomy.
- Loss of Consortium – Compensation for your spouse if your injuries impacted your relationship.
Contact an Albuquerque Paragard Injury Attorney
If you suffered an injury while or after having a Paragard IUD removed, you need an experienced personal injury attorney to handle your case. Ron Bell Law has over 40 years of legal experience, and our attorneys are committed to helping clients seek the compensation they deserve.
Complete our questionnaire to learn more about your eligibility for a Paragard injury case and how our team can help.