February 2021 Update: Attorney Rob Hammers, while representing a woman harmed by the Paragard IUD, argued before the Judicial Panel for Multidistrict Litigation that cases regarding the birth control should be sent to a federal judge in Atlanta. In a Zoom hearing, attorney Hammers told the Judicial Panel that the venue should be sent to Atlanta federal court because it logistically makes sense; the Atlanta federal court currently has the smallest case load out of all the other jurisdictions and is convenient for all the parties. Hammers proposed that U.S. District Judge Leigh Martin May should be assigned to this case as she has 14 years of private experience in complex product liability litigation. Hammers explained that “she’s the best judge to get this of all proposed because she’s a woman and this is a woman’s product dealing with women’s issues.” Judge May has the experience and a woman’s perspective to be able to properly hear this case.
The advent of birth control has been revolutionary for women across the country who depend on these devices and medications to work as promised. However, far too often, new birth control products cause harm to women who rely on them. If you have suffered injury from using a poorly designed or manufactured product, you may want to schedule an appointment with an Atlanta Paragard injury lawyer.
Paragard is one type of intrauterine birth control device that has caused some women to experience pain and other medical complications. While a lifesaver for some, the use of this birth control device can be catastrophic for others. A local injury attorney can examine your situation and determine whether you have the evidence to pursue a personal injury claim based on your Paragard injuries.
Injuries Resulting from Paragard Usage
Modern birth control options include intrauterine devices such as Paragard, a non-hormonal device that doctors implant into women during office visits. The device contains copper, which creates a toxic environment in the uterus to prevent conception. Use of Paragard can prevent pregnancy for up to ten years, which makes it an attractive choice for some women.
Known complications with the Paragard are, longer and heavier periods, cramping, pain, device perforation of the uterus, possible migration of the device outside of the uterus, pelvic inflammatory disease, and ectopic pregnancies. What is not a clearly known complication of the Paragard is its tendency to break, typically during removal.
When complications related to breakage result, you may need to have the device surgically removed. In some cases, you may need hysterectomies and, after that, may be unable to bear children. If you have experienced any any breakage of your Paragard, you may wish to consult a local Paragard injury attorney for guidance.
Paragard Product Liability Claims
Teva Pharmaceuticals developed Paragard in 1984. Four years later, the U.S. Food and Drug Administration (FDA) approved the drug for use by women. In recent years, the FDA has recommended Paragard for use by a more significant number of women.
When companies develop a drug for consumer use that harms consumers, you may have a product liability claim against those companies. Success in a products liability claim depends on establishing four separate elements:
- The product had a defect
- The defect led to injuries or death to others
- The product was in the same condition as when it left the manufacturer
- The consumer used the product as intended
Unlike many personal injury claims that rely on a showing of negligence, most product liability claims are based on strict liability. Under state law, product manufacturers are strictly liable for any injuries that defective products cause. As an attorney would advise, Paragard injury victims typically need not show proof of negligence to receive compensation in a product liability claim.
Defects in Product Liability Cases
Defects in medical devices or products, including Paragard, may vary. First, some medical devices may have design defects that make them inherently defective. Devices also may be faulty due to mistakes made during the manufacturing process.
The other basis for product liability claims stems from a failure of the manufacturer to adequately warn consumers of likely side effects and dangers of using the device. All manufacturers must advise prospective users of a medical device of the possible negative impact that using the device could have on them. When they fail to do so, they may be liable for any resulting injuries.
Talk to an Atlanta Paragard Injury Attorney
While Paragard has caused various injuries in female consumers, some side effects and complications are not actionable; however, we are investigating cases regarding breakage of Paragard. By allowing an Atlanta Paragard injury lawyer to examine your situation, you can better determine whether you have legal recourse against a third party. Compensation through personal injury claims can help you hold companies accountable for the defective or dangerous products that they create and market to consumers.
You may need surgery or other types of medical care and treatment as a result of using medical devices such as Paragard. The compensation received from its manufacturer can go a long way toward paying for these medical expenses. Call today to learn more.