ParaGard Lawsuit Claims Copper IUD Breaks When Removed

A recent ParaGard lawsuit claims that Teva Pharmaceuticals sold their copper IUD despite knowing about the risks for breakage upon removal.

Plaintiff Demonica H. filed her ParaGard lawsuit in November 2020, claiming that the copper IUD has “a propensity to break at the arms upon explant resulting in serious injuries.” According to Demonica, former ParaGard manufacturer Teva Pharmaceuticals failed to ensure that their product was safe and free of defects. The plaintiff also challenges the actions of CooperSurgical, the company which purchased the Copper IUD in 2017.

The ParaGard IUD is a copper-based intrauterine device (IUD) which prevents pregnancy without the use of hormones. Instead, the birth control method elicits an inflammatory response from the body which creates a toxic environment for sperm and eggs.

According to Demonica’s lawsuit, she had the ParaGard IUD implanted in July 2017, believing that the device would offer her reversible birth control. In November 2018, Demonica went to the doctor to have the device removed. Unfortunately, when her doctor attempted to remove the device, the ParaGard IUD allegedly broke into various pieces which had to be removed separately.

This incident has caused Demonica significant injury, the ParaGard lawsuit claims. According to the woman’s allegations, she has suffered from bodily and mental injuries, pain and suffering, loss of reproductive health, and financial injury due to past and future medical expenses.

Demonica says that her injuries were a direct result of Teva Pharmaceuticals and CooperSurgical’s refusal to warn patients and doctors about the risk for breakage when the IUD is withdrawn. The companies allegedly knew that the copper IUD was defective but chose not to include warnings to the public about removal complications.

“Prior to Plaintiff being implanted with the ParaGard IUD, Defendants knew and should have known that the drug was defective and unreasonably dangerous,” the ParaGard lawsuit contends. “Defendants knew or should have known that ParaGard IUD can and does cause serious harm to individuals who use it, due to the risk of the ParaGard IUD’s arm breaking upon removal.”

A warning from the device manufacturers would have had a significant impact on Demonica’s choices and experiences, her ParaGard lawsuit argues. Demonica alleges that she and her doctors would not have chosen the ParaGard IUD for her birth control if they were aware of the risks for breakage upon removal. Even if they did choose the ParaGard IUD with the full knowledge of its consequences, Demonica says that she would have at least been warned of the possibilitiesbefore suffering from injuries.

The ParaGard lawsuit includes claims for negligence, fraud, negligent misrepresentation, breach of warranty, violation of consumer protection laws, and more. Demonica seeks compensatory and punitive damages of at least $75,000, along with noneconomic damages, court costs, and attorneys’ fees.

A growing number of people are coming forward with allegations of serious ParaGard side effects. If you or someone you love has suffered from side effects of a ParaGard IUD, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by these kinds of complications, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more, as well as help hold those responsible accountable.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The ParaGard Lawsuit is Case No. 0:20-cv-02286 in the U.S. District Court for the District of Minnesota.