The Paragard IUD has come under heavy fire due to a wave of product liability lawsuits. While it is not uncommon for IUDs to end up at the wrong end of a liability lawsuit, Paragard has caused problems that could result in serious health complications for the users. If you are one of the people who have been wronged by the Paragard IUD manufacturers, you are not alone.
Due to the increasing number of lawsuits being filed, there is a growing demand for Paragard lawyers to help settle these cases. These lawyers are well versed with product liability laws in the United States, which is why they are the best ones to approach if you want to file a lawsuit against this company. But what is the Paragard IUD, and why is it the subject of such a large number of product liability lawsuits?
The Paragard IUD
The Paragard IUD (Intrauterine Device) is one of many available contraceptive options for women. Rather than affecting your hormones, this device works like an implant that is inserted into the uterus. The device itself comes in a t-shape frame that is covered with copper wiring. The device is covered in this wiring because copper is supposed to be toxic to sperm cells and reproductive cells. The device is supposed to be useful for up to 10 years.
Despite these promises, many women started suffering from complications when it came to removing the device. According to the manufacturers, a doctor can remove the device if contraception is no longer required. However, when doctors tried to remove the device, it would break upon exit leaving behind pieces in the uterus. These stray pieces, in some cases, made their way into other internal organs in the body. This led to severe health complications in many women who tried to have the device removed.
Who Can Help?
The biggest problem with the Paragard IUD came from the lack of any warning regarding device breakage on the label. It was also found that the device had a higher chance of breakage when left in for 6-10 years. This is a big problem because the device was sold as a contraceptive option that would last for ten years in any individual. As such, people moved to file lawsuits against Teva Pharmaceuticals, the manufacturers of the Paragard IUD.
Due to the massive number of cases being filed, there is a high demand for lawyers who excel in medical liability and product liability cases. These lawyers are now known as Paragard Lawyers. Law firms with a proven history of winning medical and product liability cases are attacking Teva Pharmaceuticals with everything they’ve got. But how can these lawyers help prove the product’s liability in court?
To evaluate the grounds for a Paragard IUD lawsuit, let’s take a look at the four claims an attorney can make for your case:
- Defective Design: Under product liability standards, a pharmaceutical company can be held legally responsible for the victims’ injuries under two circumstances. First, the product’s design posed a foreseeable risk; this is clear from the device’s two arms where it could be reasonably foreseen that one of the arms would break upon removal. A change in design could have solved this problem. Second, the product was manufactured and used as per its design. Most women suffered no complications from the device until they tried to have it removed, which means that the device was used as it was designed to be used.
- Manufacturing Defect: Strict liability standards dictate that if a product had a defect when it left the manufacturer’s possession and said defect contributed to the plaintiff’s harm, then the pharmaceutical company would be legally responsible for any injuries.
- No Warning on Label: Pharmaceutical manufacturers are supposed to warn doctors of non-obvious hazards the device may cause and how they can avoid said hazards. None of the physicians who removed the IUD were aware of any breakage chances due to the lack of information about this risk.
- Negligence: To prove negligence, four elements need to be fulfilled. There was a duty of care owed to the plaintiff from the defendant, and second, that duty was breached. Thirdly, if said breach caused the plaintiff’s injury, and fourthly if the injury resulted in monetary damages, the defendant is liable for negligence. Teva pharmaceuticals owed a duty of care when selling a contraceptive device to patients, and they breached this duty by putting a defective device in the market. This breach led to the plaintiff’s injury and subsequent money damages.
If you or a loved one has suffered from the use of the Paragard IUD, then don’t hesitate and reach out to a Paragard Lawyer who can effectively fight your case and swiftly deliver justice.
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