Paragard IUD: Low Numerosity and Late Consolidation Present Obstacles

In December of 2020, the Paragard IUD device was consolidated in the Northern District of Georgia under Judge Leigh Martin May. Defendants include: Teva Pharmaceuticals USA, Inc., Teva Women’s Health, Inc., Teva Women’s Health, LLC, Teva Branded Pharmaceutical Products R&D, Inc., The Cooper Companies, Inc., and CooperSurgical, Inc.

The intake is very conservative for this case and consists of the following:

1.) Breakage in the T-arm (only)
2.) AND surgical removal, or otherwise egregious type of injury, such as a hysterectomy

It is the opinion of this office that the PPN is very low. Possibly less than 5,000. The SOL on this case will be the biggest hurdle due to Statute of Limitations issues.

That said, this action may lend itself to fighting the Learned Intermediary Doctrine against the Doctrine of Informed Consent, when deposing treating physicians. Most states require written (express) informed consent, when exposing a patient to potentially life-threatening risk. Failure to acquire Informed Consent is, at worst, battery under most state laws.

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