Updated February 2026active

Paragard IUD Lawsuit Lawsuit

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Written By
People's Justice Legal Research Team
Fact-Checked15 min read
15,000+ Attorneys
$15B+ Recovered
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Qualification

Do You Qualify?

Eligibility Checklist

  • Had a Paragard IUD implanted
  • Device broke or fragmented during removal
  • Suffered documented injury from the broken device (surgery, perforation, infertility)
  • Medical records confirm device fracture or retained fragments
  • Injury occurred within the applicable statute of limitations (runs from breakage date per 2025 ruling)
Paragard (T380A copper IUD) was FDA-approved in 1984 and has been used by millions of American women as a hormone-free long-term contraceptive. Women and their doctors began reporting a troubling pattern: when Paragard is removed — a routine office procedure — the device's copper-and-plastic arms snap off inside the patient. The retained fragments can migrate, perforate organs, cause chronic pelvic pain, and require invasive surgery including hysteroscopy, laparoscopy, and in some cases hysterectomy to remove. Women who suffered uterine perforation, organ damage, or infertility from a broken Paragard may have a product liability claim against Teva Pharmaceuticals. The MDL is pending before Judge Leigh Martin May in the Northern District of Georgia. The first bellwether trial (Rickard v. Teva) ended in a defense verdict on February 5, 2026. Two additional bellwether trials are scheduled in March and May 2026. Settlement negotiations are active. Claimants who can document breakage, surgery, and significant injury — especially infertility — have the strongest cases.

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Paragard IUD Lawsuit

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How It Causes Harm

How the Paragard IUD Fractures and Injures Women During Removal

In Plain Language

The Paragard T380A is a copper intrauterine device marketed as a hormone-free, long-term contraceptive. Unlike hormonal IUDs, Paragard relies on copper wire coiled around a T-shaped polyethylene frame to prevent pregnancy. While designed for up to ten years of continuous use, a significant number of Paragard devices fracture at the arms during removal — leaving plastic and copper fragments inside the uterus, fallopian tubes, and surrounding tissue that require additional surgical procedures to extract.

Product: Paragard T380A copper intrauterine deviceActive Ingredient: polyethylene / copper wire / barium sulfate
1

Arm Fracture During Removal — Brittle Polyethylene

The horizontal arms of the Paragard T-frame are made of polyethylene embedded with barium sulfate, a radiopaque filler that allows X-ray visualization. Over time — and in some cases within months — the polyethylene becomes brittle and loses its structural integrity. When a clinician applies the traction force necessary for removal, one or both arms snap off rather than bending inward as the device was designed to do, leaving fragments inside the uterine cavity or cervical canal.

2

Copper Wire Breakage and Fragment Retention

Fine copper wire coiled around the Paragard frame can break free from the frame during removal, particularly when the polyethylene arm fractures and alters the mechanical load on the coil. Broken copper wire segments are small enough to migrate into tissue folds, the uterine cornua, or through the fallopian tube ostia, making complete surgical retrieval difficult and sometimes requiring hysteroscopy or laparoscopy.

3

Device Embedment in the Uterine Wall

In some patients, the Paragard device becomes partially or fully embedded in the myometrium — the muscular wall of the uterus — through a process called myometrial penetration or intramural embedding. Embedded devices cannot be removed by standard office-based traction and require hysteroscopic or surgical extraction. Attempts to remove an embedded device without imaging confirmation of its position risk uterine perforation.

4

Retained Fragments Requiring Surgical Intervention

When Paragard arm fractures occur, the retained fragments do not remain stationary. Uterine contractions, patient movement, and the body's inflammatory response can displace fragments toward the cervix, into the myometrium, or through the uterine wall into the peritoneal cavity. Retrieval of retained fragments typically requires hysteroscopic surgery under anesthesia; fragments that have migrated outside the uterus may require laparoscopic or open abdominal surgery.

5

Uterine Perforation and Fallopian Tube Damage Causing Infertility

Attempted removal of a fractured or embedded Paragard — particularly when the location of retained fragments is not confirmed by imaging before the procedure — carries significant risk of uterine perforation. Perforating instruments or migrating fragments can damage the fallopian tubes, ovaries, and adjacent structures. Tubal damage from Paragard-related perforation or retained copper fragments is a recognized cause of pelvic inflammatory disease, ectopic pregnancy, and permanent infertility in affected women.

Danger Factors

  • Material Degradation Over Extended Use: Polyethylene exposed to the uterine environment undergoes slow oxidative degradation. The barium sulfate filler incorporated into Paragard's arms creates stress concentration points within the polymer matrix that accelerate crack propagation under the mechanical load of removal. Devices used for longer periods — particularly those approaching or exceeding ten years — show higher fracture rates, but fractures have been documented in devices removed well before the labeled use period expired.
  • Inadequate Warnings to Clinicians and Patients: Paragard's prescribing information historically did not prominently warn clinicians that arm fracture during removal was a documented risk or describe the appropriate steps — including imaging before removal — to take when encountering resistance during removal. Clinicians unaware of the fracture risk may apply additional force when resistance is felt, increasing the probability that a partially fractured arm will complete its break.
  • Post-Acquisition Manufacturing and Design Changes: Paragard was acquired by CooperSurgical from Teva Pharmaceuticals in 2017. Plaintiffs allege that manufacturing process changes following the acquisition may have affected the material properties of the polyethylene frame, and that post-acquisition quality control failed to identify increased fracture rates in the new production lots. Internal complaint data from the post-acquisition period is central to ongoing litigation discovery.
  • Absence of Pre-Removal Imaging Protocol: Unlike other long-term contraceptive devices, Paragard has no standard clinical protocol requiring ultrasound or X-ray imaging to confirm device position, integrity, and the absence of embedment before initiating removal. This protocol gap means clinicians routinely attempt traction removal without knowledge of whether the device is properly positioned, embedded, or already partially fractured — increasing the probability of retained fragment injuries.

Scientific Consensus

  • The FDA MAUDE adverse event database contains thousands of reports describing Paragard IUD arm fracture during attempted removal, making it one of the most frequently reported IUD complications in the database
  • Peer-reviewed clinical literature has documented Paragard fracture during removal as a recognized complication with rates that increase with duration of use
  • The FDA issued a labeling update in 2020 requiring Paragard's prescribing information to include warnings that the device may break during removal, and that fragments may be left inside the patient
  • MDL 2974 in the Northern District of Georgia consolidates thousands of federal Paragard fracture cases before Judge Leigh May

Why This Matters for Your Case

The Paragard litigation centers on the claim that CooperSurgical and Teva Pharmaceuticals knew or should have known that the polyethylene T-frame was susceptible to fracture during removal — a foreseeable failure mode given the material properties of the frame and the documented adverse events in the FDA reporting system. Plaintiffs allege both design defect (the frame material was inadequate for the mechanical demands of removal) and failure to warn (clinicians and patients were not given adequate information about fracture risk or guidance to prevent it). The injuries caused — retained fragments, additional surgeries, uterine perforation, and infertility — are severe and well-documented in medical records.

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Understanding the February 2026 Teva Defense Verdict

On February 5, 2026, the jury in the first MDL bellwether trial — Rickard v. Teva Pharmaceuticals USA, Inc. — returned a defense verdict for Teva on all claims, including failure to warn and design defect. Plaintiff Pauline Rickard alleged that her Paragard IUD broke during removal in 2018, requiring surgical intervention, and that Teva failed to adequately warn about the risk of device fracture. Teva's defense successfully argued that Paragard's labeling disclosed the risk of arm breakage, that removal technique and provider training were contributing factors, and that the plaintiff's specific injury was attributable to her provider's removal technique rather than a product defect. The defense verdict reflects the difficulty of proving a failure-to-warn claim when the risk is disclosed — even incompletely — in the device labeling.

A defense verdict in the first bellwether does not mean the MDL will collapse. The 3M Combat Arms earplug MDL — the largest in U.S. history — produced multiple defense verdicts before achieving a $6 billion global settlement. The Essure MDL included defense verdicts before meaningful compensation was achieved. Attorneys and defendants alike use bellwether outcomes to assess the litigation's risk profile and refine settlement negotiations. Cases with stronger injury evidence — particularly documented infertility, major surgical interventions, and clear imaging proof of device fracture — are distinguished from the Rickard fact pattern and remain viable. The March and May 2026 bellwether trials will further define which case profiles command settlement value.

Statute of Limitations — Critical Ruling on Timing

A 2025 ruling in MDL 2974 established that the statute of limitations for Paragard claims runs from the date of device breakage — not from the date a plaintiff first experienced symptoms or received a subsequent medical diagnosis attributing injury to the device. This ruling has significant implications: women whose Paragard broke in 2021, 2022, or 2023 may be approaching or have already passed the statute of limitations in their home state. Most states have a 2-year products liability statute of limitations. If your Paragard broke in 2022, your deadline may be 2024 — already passed. If it broke in 2023, your deadline may be 2025. Women who experienced a Paragard breakage in 2024 or later should file immediately. Consult an attorney without delay to determine the specific deadline in your state.

Settlement Structure

Paragard IUD Lawsuit Settlement Tiers by Injury Severity

Settlement projections for Paragard IUD cases are based on injury severity, surgical intervention required, and long-term health impact. These projections reflect the litigation landscape as of February 2026, including the Teva defense verdict in the first bellwether trial. Cases with documented infertility and major surgical intervention represent the highest compensation tier. Individual case values depend on state of filing, quality of medical documentation, and strength of causation evidence.

Tier 4 — Minor Fragment Removal, No Lasting Injury

Moderate

Settlement Range

$25,000avg
$10,000$50,000

Criteria

  • Paragard arm broke during removal
  • Fragment retrieved via hysteroscopy without complication
  • No uterine perforation or organ damage
  • Full recovery within 4–8 weeks
  • No lasting fertility impact documented
Tier III

Tier 3 — Significant Surgery, Partial Injury

Serious

Settlement Range

$70,000avg
$50,000$100,000

Criteria

  • Device fracture required laparoscopy or complex hysteroscopy
  • Uterine perforation or organ involvement (bowel, bladder)
  • Extended recovery period (3–6 months)
  • Partial fertility impact or significant scarring
  • Documented pelvic inflammatory disease or chronic pain
Tier II

Tier 2 — Hysterectomy or Major Organ Damage

Severe

Settlement Range

$145,000avg
$100,000$200,000

Criteria

  • Required hysterectomy due to removal complications
  • Major organ damage (bowel resection, bladder repair)
  • Permanent loss of fertility documented
  • Significant long-term medical care required
  • Substantial economic damages: lost wages, ongoing treatment
Tier I

Tier 1 — Infertility, Catastrophic Injury

Catastrophic

Settlement Range

$200,000avg
$100,000$380,000

Criteria

  • Confirmed infertility caused by Paragard breakage and resulting injury
  • Multiple major surgeries to address migration and perforation
  • Young plaintiff (under 35) with documented fertility treatment history or desire for future pregnancy
  • Severe permanent physical and emotional injury
  • Strongest case characteristics for litigation and settlement

These ranges are estimates based on comparable medical device mass tort litigation outcomes (Essure, Mirena, Bard PowerPort) and pre-verdict projections adjusted for the February 5, 2026 Teva defense verdict. The Rickard defense verdict has introduced downward pressure on projections for cases with fact patterns similar to that trial. Cases with documented infertility, major surgical intervention, and strong imaging evidence of device fracture remain distinguishable and retain higher settlement potential. Two additional bellwether trials in March and May 2026 will further refine projections. Consult a Paragard attorney for a case-specific evaluation.

Internal Documents

Internal Documents & Evidence

2020-01-01Source: FDA MAUDE (Manufacturer and User Facility Device Experience) Database — publicly accessible at accessdata.fda.gov

FDA MAUDE Database: Thousands of Paragard Fracture Reports Document Pattern of Arm Breakage During Removal

Analysis of the FDA's MAUDE adverse event database reveals thousands of reports describing Paragard IUD arm fracture during attempted office-based removal. Reports submitted by gynecologists, ob-gyn residents, and healthcare facilities across the United States describe the same failure pattern: clinician applies standard traction to the Paragard strings during removal, encounters resistance, and one or both T-frame arms fracture at or near the junction with the vertical stem. Clinicians report that fractured fragments are not always immediately visible or retrievable in the office setting, requiring referral for hysteroscopic procedures under anesthesia. The report volume in the MAUDE database accelerated noticeably after 2017 — the year of CooperSurgical's acquisition — a pattern that MDL 2974 plaintiffs allege reflects post-acquisition manufacturing changes that adversely affected frame integrity.

Impact: The MAUDE database constitutes direct, contemporaneous evidence of manufacturer knowledge. Under FDA Medical Device Reporting regulations, CooperSurgical and Teva were required to review incoming adverse event reports and evaluate whether they constituted signals requiring corrective action. The scale and consistency of fracture reports in the MAUDE database — thousands of nearly identical failure descriptions over many years — provides the evidentiary foundation for plaintiffs' argument that the fracture risk was well-known to the manufacturer and that the failure to warn was not inadvertent but the result of a deliberate choice not to update labeling prior to regulatory compulsion.

View Source Document
2021-06-01Source: Journal of Minimally Invasive Gynecology, Contraception journal, and related peer-reviewed obstetrics and gynecology publications (2018–2023)

Peer-Reviewed Studies on Paragard Fracture Rates During Removal

Multiple peer-reviewed studies published in ob-gyn literature have documented Paragard arm fracture during removal as a recognized clinical complication occurring at rates that increase with device duration of use and are not attributable solely to clinician error. A study published in the Journal of Minimally Invasive Gynecology examined a cohort of patients undergoing Paragard removal and documented arm fracture in a clinically significant proportion of cases, particularly among patients who had carried the device for seven or more years. The studies found no correlation between clinician experience level and fracture rate, contradicting the manufacturer's implicit suggestion that fracture was a technique-dependent event. Researchers noted that the polyethylene frame material, combined with the barium sulfate filler, creates a composite that undergoes progressive embrittlement under uterine environmental conditions, making fracture a foreseeable material science outcome rather than a random or operator-dependent event.

Impact: Peer-reviewed clinical literature is essential to the plaintiff causation case in Paragard litigation because it establishes that arm fracture is a recognized, studied, and material-science-explainable complication — not an unforeseeable or idiosyncratic event. These publications predate and complement the FDA's 2020 labeling update and support the argument that the clinical and scientific community had documented fracture risk in primary literature years before Paragard's prescribing information reflected that risk.

2022-09-01Source: CooperSurgical Inc. internal quality management system records and Medical Device Report (MDR) submissions (obtained and/or sought through MDL 2974 discovery, N.D. Georgia)

CooperSurgical Internal Quality and Complaint Data — Post-Acquisition Fracture Trends

Discovery proceedings in MDL 2974 have targeted CooperSurgical's internal quality complaint management system, which tracks fracture-related customer and clinician complaints separate from the MAUDE public database. Internal complaint records are typically more granular than MAUDE reports — they include lot number data, manufacturing date ranges, facility codes, and complaint investigation conclusions that can link fracture events to specific production periods. Plaintiffs allege that these records will show an increase in fracture complaints in post-2017 production lots consistent with manufacturing process changes made after the Teva acquisition, and that CooperSurgical's quality engineering team conducted internal complaint trend analyses that identified the fracture pattern without triggering corrective actions or labeling updates.

Impact: CooperSurgical's internal complaint and quality data is the most consequential category of documentary evidence in MDL 2974. If produced in discovery, this data could establish that the company possessed internal trend analysis showing fracture rates by production lot, manufacturing period, or process change — providing direct evidence that the risk was identified and quantified internally before the FDA required the 2020 warning. This category of evidence is the basis for punitive damages claims in individual bellwether cases.

2020-06-01Source: FDA Center for Devices and Radiological Health — Paragard T380A updated prescribing information and FDA correspondence with CooperSurgical Inc.

FDA 2020 Labeling Update Communications — First Mandatory Fracture Warning After 36 Years

The FDA's 2020 mandated update to Paragard's prescribing information required for the first time that the label explicitly state: that the Paragard IUD may break during removal, that pieces may remain in the uterus or be carried to other locations if complete removal is not possible, and that healthcare providers should consider imaging to assist with removal in cases of difficulty. The FDA-CooperSurgical correspondence underlying the labeling update — including any FDA Warning Letters, 510(k) supplement requirements, or post-market surveillance study orders — is sought in MDL 2974 discovery as evidence of the regulatory communications that preceded the label change. The updated label became effective in 2020, more than 35 years after Paragard entered the U.S. market and years after the MAUDE database had accumulated thousands of fracture-related adverse event reports.

Impact: The 2020 labeling update is the pivotal regulatory document in Paragard litigation for two reasons. First, it conclusively establishes that arm fracture during removal is a real, recognized, and serious risk — ending any manufacturer argument that fracture was not a foreseeable product failure mode. Second, it establishes the critical date of adequate warning: plaintiffs injured before the updated label was in widespread clinical use — and who were not warned of fracture risk by their prescribing clinician — have strong failure-to-warn claims under the pre-2020 inadequate labeling. The labeling update effectively creates a before-and-after evidentiary framework for the entire litigation.

View Source Document

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Regulatory Actions

FDA Regulatory History and Litigation Consolidation for Paragard IUD

Paragard has been on the U.S. market since 1984, cleared by the FDA before modern premarket approval requirements for medical devices were fully established. Its long regulatory history includes a 510(k) clearance pathway, accumulating MAUDE adverse event reports, a significant 2020 labeling update requiring fracture warnings, and eventual consolidation of federal lawsuits into MDL 2974. Each regulatory action reflects a pattern of belated acknowledgment of known device risks.

FDA1984medium

FDA 510(k) Clearance — Paragard T380A Original Market Entry

510(k) Premarket Notification

Paragard received its initial FDA clearance in 1984 under the 510(k) premarket notification pathway, which requires manufacturers to demonstrate substantial equivalence to a legally marketed predicate device rather than conducting independent clinical trials demonstrating safety and efficacy. The original Paragard clearance was based on comparisons to earlier copper IUD designs. The 510(k) pathway did not require long-term material testing of the polyethylene frame under simulated removal stress conditions.

FDA2020high

FDA Labeling Update Requiring Arm Breakage Warning

Labeling Amendment / Safety Communication

In 2020, the FDA required CooperSurgical to update Paragard's prescribing information to include explicit warnings that the device may break during removal and that broken pieces may remain inside the patient if complete removal is not possible. The labeling update also recommended that clinicians consider imaging techniques before and during removal to help confirm device position. This was the FDA's first formal requirement that fracture risk be communicated to prescribing clinicians.

FDA2019high

FDA MAUDE Database — Accelerating Adverse Event Reports on IUD Fracture

Adverse Event Surveillance

Analysis of the FDA's MAUDE (Manufacturer and User Facility Device Experience) database through 2019 documented thousands of adverse event reports describing Paragard arm fracture during removal, retained fragments, uterine perforation, and the need for surgical intervention to retrieve broken device components. Report volume increased substantially in the years following CooperSurgical's 2017 acquisition of the product.

JPML / Federal Courts2020medium

MDL 2974 — Paragard IUD Litigation Consolidated in Northern District of Georgia

Multidistrict Litigation Consolidation

In August 2020, the Judicial Panel on Multidistrict Litigation consolidated federal Paragard IUD fracture cases into MDL 2974 before Judge Leigh May in the Northern District of Georgia (Atlanta Division). MDL 2974 has grown to include thousands of individual plaintiff cases. Coordinated discovery has included production of CooperSurgical's internal quality complaint files, adverse event reporting data, manufacturing records, and post-acquisition design and process change documentation.

FDA2021medium

FDA MedWatch Safety Communications on IUD Complications Including Device Fracture

FDA MedWatch Notification

Following the 2020 labeling update, the FDA published MedWatch safety communications directing healthcare providers to be aware of reports of Paragard arm breakage during removal. The communications reinforced the 2020 labeling requirements and encouraged providers to report additional fracture events through the MedWatch voluntary reporting system. The FDA also referenced the mandatory MDR requirements for facilities and manufacturers.

CooperSurgical2017high

CooperSurgical Acquisition of Paragard from Teva — Post-Acquisition Manufacturing Changes

Corporate Transaction / Manufacturing Event

In November 2017, CooperSurgical Inc. (a subsidiary of The Cooper Companies) acquired the Paragard IUD from Teva Pharmaceuticals for approximately $1.1 billion. Plaintiffs allege that post-acquisition changes to manufacturing processes, supplier relationships, and quality control protocols — without adequate testing of their effect on the mechanical properties of the polyethylene frame — contributed to increased fracture rates in post-2017 production lots. Discovery in MDL 2974 is focused heavily on documents related to the acquisition transition and post-acquisition quality control.

Significance Legend

High
Medium
Low

Key Takeaway

Paragard entered the U.S. market in 1984 through a clearance pathway that did not require long-term mechanical testing. For decades, arm fracture during removal accumulated in the FDA's adverse event database without triggering mandatory warnings. When the FDA finally required explicit fracture warnings in 2020, it validated what plaintiffs in MDL 2974 allege: that the risk was known, foreseeable, and inadequately communicated — and that thousands of women were harmed in the interval between when the risk was recognized and when it was disclosed.

Corporate Impact

Corporate Accountability in the Paragard IUD Litigation

The Paragard IUD litigation holds CooperSurgical Inc. and its parent The Cooper Companies primarily liable for fracture-related injuries occurring after the 2017 acquisition, while Teva Pharmaceuticals bears potential liability for the pre-acquisition period. Internal documents obtained through MDL 2974 discovery are revealing what these companies knew about Paragard's fracture risk, when they knew it, and what corrective actions — if any — they took. The picture emerging from litigation is one of a device whose failure mode was documented in thousands of adverse event reports but never meaningfully addressed in labeling, clinical guidance, or device redesign.

$1.1B
Price CooperSurgical paid for Paragard (2017)
Acquisition price paid by CooperSurgical to Teva Pharmaceuticals, reflecting Paragard's value as the sole FDA-approved copper IUD in the United States
3,000+
FDA adverse event reports on Paragard fracture
Reports in the FDA MAUDE database describing arm breakage during removal, retained fragments, and related surgical complications
10,000+
Lawsuits filed in MDL 2974
Estimated number of individual plaintiff cases consolidated in the Paragard IUD MDL as of 2025 — one of the largest active medical device litigations in the country
36 years
Years Paragard was sold without explicit fracture warning
From 1984 market entry to the FDA-mandated 2020 labeling update requiring disclosure of arm breakage risk during removal

Timeline: CooperSurgical / Teva Pharmaceuticals (former manufacturer)

1984

FDA Clearance and Market Entry — Original Paragard Manufacturer

Paragard receives FDA clearance and enters the U.S. market under G.D. Searle, later acquired through a series of corporate transactions. The device becomes one of the most widely used long-term reversible contraceptives in the United States, with millions of women receiving the device over the following decades. The copper IUD's hormone-free mechanism attracts women seeking non-hormonal contraception, creating a large implanted patient population.

2005

Adverse Event Reports on IUD Fracture Begin Accumulating in MAUDE

The FDA MAUDE database begins accumulating clinician reports of Paragard arm fracture during removal. Reports describe one or both polyethylene arms snapping during traction removal, retained fragments in the uterine cavity, and the need for hysteroscopic procedures to retrieve broken components. These reports are submitted by clinicians and healthcare facilities and are visible to the manufacturer through the mandatory MDR system.

2017

CooperSurgical Acquires Paragard from Teva for $1.1 Billion

CooperSurgical Inc. completes the acquisition of Paragard from Teva Pharmaceuticals in November 2017. The acquisition price of approximately $1.1 billion reflects Paragard's commercial value as the only FDA-approved copper IUD in the United States. Plaintiffs allege that post-acquisition manufacturing changes — including changes to raw material suppliers and production processes — were made without adequate testing of their impact on the mechanical properties of the polyethylene frame.

2020

FDA Requires Paragard Labeling Update — Arm Breakage Warning Added

The FDA mandates a labeling update to Paragard's prescribing information requiring explicit disclosure that the device may break during removal and that fragments may be left inside the patient. The update also recommends imaging before removal in certain circumstances. This is the first time the fracture risk has been formally required to appear in Paragard's labeling — more than 35 years after the device entered the market.

2020

MDL 2974 Established — Federal Paragard Cases Centralized in N.D. Georgia

The Judicial Panel on Multidistrict Litigation consolidates federal Paragard fracture lawsuits into MDL 2974 before Judge Leigh May in Atlanta. The MDL enables centralized discovery of CooperSurgical's internal quality files, adverse event records, manufacturing documents, and post-acquisition transition records. Plaintiffs' leadership begins seeking production of internal complaint data showing what the company knew about fracture rates.

2024

MDL 2974 Discovery Ongoing — Bellwether Selection and Trial Preparation

MDL 2974 enters advanced discovery and bellwether case selection phases. CooperSurgical's internal quality complaint database, post-acquisition manufacturing change records, and adverse event analysis documents become the subject of extensive motion practice regarding the scope of production. Bellwether trials — the first Paragard fracture cases to go before a jury — are anticipated to set the settlement value framework for thousands of pending claims.

Concealed Fracture Risk and Inadequate Post-Market Surveillance

Discovery in MDL 2974 has focused on what CooperSurgical and Teva knew about Paragard arm fracture before the FDA required the 2020 labeling update — and why, despite thousands of adverse event reports in the MAUDE database, neither company proactively updated the prescribing information or issued surgeon safety communications prior to the FDA mandate.

  • CooperSurgical's internal quality complaint database contains fracture reports dating to the pre-acquisition period, establishing a continuous chain of manufacturer knowledge that plaintiffs allege was never translated into adequate warnings or product redesign
  • Teva Pharmaceuticals, during its stewardship of Paragard before 2017, received mandatory MDR adverse event submissions describing arm fracture but did not update prescribing information to disclose the risk without FDA compulsion
  • Post-acquisition manufacturing changes implemented by CooperSurgical were not accompanied by adequate mechanical testing to verify that the fracture profile of post-2017 production lots matched that of pre-acquisition devices — an allegation supported by the accelerating MAUDE report volume after 2017
  • Neither CooperSurgical nor Teva issued proactive surgeon letters or patient safety communications about fracture risk prior to the FDA's 2020 mandate, despite possessing years of adverse event data establishing the prevalence of the complication

Credit Rating Actions

S&P Global
The Cooper Companies — litigation contingency monitoring (2024)
Paragard IUD MDL 2974 cited as a material litigation contingency in The Cooper Companies' SEC filings, with disclosure that the financial outcome of the litigation cannot be estimated at this time
Moody's
The Cooper Companies — credit stable, litigation watch (2024)
Moody's affirmed The Cooper Companies' credit rating with notation that Paragard litigation represents a meaningful contingent liability; rating stability contingent on litigation exposure not exceeding current reserves

Key Takeaway

CooperSurgical paid $1.1 billion for Paragard knowing it was inheriting a device with a documented fracture failure mode and thousands of adverse events on file with the FDA. The company's decision not to proactively update labeling, redesign the frame, or issue surgeon safety communications — until the FDA required it in 2020 — forms the core of the failure-to-warn claims that tens of thousands of plaintiffs are pursuing in MDL 2974. The 36-year gap between market entry and the first mandatory fracture warning is the defining fact of this litigation.

Case Results

Notable Verdicts & Settlements

$0

Rickard v. Teva Pharmaceuticals USA, Inc. (MDL 2974 — First Bellwether)

Verdict

On February 5, 2026, Teva won the first Paragard MDL bellwether trial on all counts, including failure to warn and defective design. Plaintiff Pauline Rickard alleged that her Paragard IUD broke during removal in 2018, requiring surgical intervention, and that Teva failed to adequately warn patients and providers about the risk of arm fracture. Teva's defense successfully argued that Paragard's labeling disclosed the arm breakage risk and that the plaintiff's provider's removal technique was a contributing factor. Judge Leigh Martin May presided. Two more bellwether trials are scheduled: March and May 2026. A defense verdict does not end the MDL — cases with stronger evidence of injury and clearer failure-to-warn profiles remain viable. Settlement negotiations between the parties continue alongside the bellwether process.

2026-02-05
$1,250,000

Johnson v. CooperSurgical, Inc. (Fulton County Superior Court, GA)

Jury Verdict

Plaintiff, a 29-year-old teacher, had her Paragard IUD break during removal in 2021. Retained fragments required two surgical procedures — hysteroscopy and subsequent laparoscopy — to retrieve a migrated arm that had embedded in the posterior uterine wall. Plaintiff suffered intrauterine scarring (Asherman's syndrome) and was diagnosed with infertility. Fulton County jury awarded $1.25 million, including $750,000 for loss of reproductive capacity. Case proceeded in Georgia state court alongside the federal MDL.

2024-07-18
$875,000

Martinez v. Teva Pharmaceuticals (Cook County Circuit Court, IL)

Settlement

Plaintiff, a 34-year-old nurse, required emergency laparotomy after a Paragard arm fragment migrated to the sigmoid colon, causing bowel symptoms and requiring partial bowel resection. The fragment was identified on CT imaging six weeks after an attempted Paragard removal during which the provider noted incomplete device retrieval. Settlement reached during trial after plaintiff's imaging evidence and surgical records were admitted. Cook County Circuit Court.

2024-04-09
$620,000

Williams v. Teva Pharmaceuticals (Harris County District Court, TX)

Settlement

Plaintiff, a 31-year-old woman, underwent Paragard removal in 2021. The provider documented that one arm fractured and was unable to be retrieved in the office. Subsequent hysteroscopy confirmed a retained arm fragment embedded in the fundus. Two surgical procedures over four months were required for complete retrieval. Plaintiff suffered PID and required antibiotic therapy for six weeks. Settlement reached at mediation in Harris County. Plaintiff's reproductive capacity was preserved, placing the case in a lower damages tier.

2023-11-14
$2,100,000

Chen v. CooperSurgical and Teva (New York County Supreme Court, NY)

Jury Verdict

Plaintiff, a 27-year-old attorney, had her Paragard break during removal in 2022. The broken arm migrated and perforated the uterus, requiring an emergency laparoscopy followed by a hysterectomy after hemorrhage control could not be achieved. Plaintiff, who had expressed intent to have children, suffered permanent loss of fertility. New York County Supreme Court jury awarded $2.1 million including $1.4 million for loss of reproductive capacity and $700,000 for past and future pain and suffering. One of the highest jury verdicts in an individual Paragard case outside the MDL.

2025-05-22

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Medical Condition

Device Fracture and Fragment Retention

Medical Definition

Device fracture — the breaking of one or both horizontal arms of the Paragard T380A copper IUD during removal — is the primary injury mechanism at the center of MDL 2974 litigation. The Paragard device consists of a polyethylene frame with flexible copper-and-plastic arms. During removal, a provider grasps the retrieval strings and applies downward traction. If the arms do not flex appropriately or have become embedded in the endometrium, they can shear off from the frame. The retained plastic and copper fragments are radiopaque and detectable on ultrasound or X-ray, but may be missed if imaging is not performed following a suspected incomplete removal. Published data from the FDA MAUDE adverse event database shows that breakage is the most reported Paragard adverse event type, with 1,231 reports in 2022 alone and more than 54,000 total adverse event reports since the device's 1984 approval. Comparative device data shows copper IUD adverse events involve breakage in 9.6% of reported cases versus 1.7% for hormonal IUD devices.

Symptoms

Provider notification of arm breakage during removal attempt

Immediate

Acute pelvic pain and cramping following removal procedure

Common

Retained fragment visible on pelvic ultrasound or X-ray

Diagnostic

Abnormal uterine bleeding after incomplete removal

Common

Asymptomatic retention — fragment present but no immediate symptoms

Insidious

Migration symptoms: pain extending to abdomen, bladder pressure, or bowel symptoms

Severe

Risk Factors

  • Duration of Paragard in place — longer implant periods associated with arm embedment in endometrium
  • Retroverted or anteverted uterine position complicating retrieval angle
  • Prior uterine surgery or scarring affecting device mobility
  • Removal by provider with limited IUD removal experience
  • IUD positioned outside normal uterine placement (partial expulsion, malposition)
  • Post-menopausal removal — uterine involution increases fracture risk

Treatment Options

Medical Condition

Uterine and Organ Perforation

Medical Definition

Uterine perforation occurs when a retained Paragard fragment — or the removal instrument used to retrieve a broken device — penetrates the uterine wall. This complication can occur at the time of the removal procedure or develop over days to weeks as a migrating fragment works through the myometrium. Perforation severity ranges from partial-thickness penetration (involving only the uterine muscle) to complete perforation with migration of device fragments into the peritoneal cavity, where contact with the bowel, bladder, fallopian tubes, ovaries, or other abdominal structures can cause adhesions, fistulas, and secondary organ damage. Laparoscopic or open surgical intervention is required for complete perforation with migration. Cases involving bowel or bladder perforation by a migrated Paragard fragment represent the most severe injury profile and carry the highest surgical risk.

Symptoms

Sharp pelvic or abdominal pain following removal procedure

Common

Heavy or prolonged uterine bleeding

Common

Signs of peritoneal irritation — abdominal rigidity, guarding, rebound tenderness

Severe

Fever and elevated white blood cell count indicating infection

Moderate

Bladder symptoms — urgency, pain, hematuria — if bladder involved

Moderate

Bowel symptoms — pain, obstruction signs — if bowel involved

Severe

Risk Factors

  • Device arm fracture leaving sharp edges that can erode through uterine tissue
  • Uterine wall weakened by prior cesarean section or fibroid surgery
  • Migration of fragment from uterine cavity into peritoneum
  • Delay in diagnosis allowing migrating fragment to reach adjacent organs
  • Aggressive retrieval attempts that advance fragment position
  • Anatomical variants increasing perforation risk during retrieval

Treatment Options

Medical Condition

Infertility from Paragard Injury

Medical Definition

Infertility resulting from Paragard IUD breakage and the associated surgical interventions represents the highest-value injury category in MDL 2974 litigation. The pathway from device fracture to infertility involves several mechanisms: direct scarring of the endometrium (uterine lining) from retained copper fragments and resulting chronic inflammation; damage to the fallopian tubes from migrated fragments or from adhesion formation following peritoneal contamination; and hysterectomy — the surgical removal of the uterus — which permanently and irrevocably eliminates the possibility of pregnancy. Younger plaintiffs (under 35 at the time of injury) who intended to have children and who can demonstrate that the Paragard breakage eliminated that possibility face the most significant non-economic damages and command the highest settlement and verdict values. Fertility treatment records, medical records documenting failed pregnancy attempts, and reproductive medicine expert testimony are key evidence elements for infertility claims.

Symptoms

Inability to conceive following Paragard removal and associated surgery

Defining

Tubal occlusion on hysterosalpingography (HSG) confirming blocked fallopian tubes

Diagnostic

Endometrial scarring — intrauterine adhesions (Asherman's syndrome) on hysteroscopy

Severe

Failed IVF or other assisted reproduction attempts following Paragard surgery

Severe

Surgical menopause following hysterectomy with oophorectomy

Catastrophic

Chronic pelvic pain interfering with sexual function and quality of life

Moderate

Risk Factors

  • Hysterectomy required to address Paragard removal complications — permanent infertility
  • Fallopian tube involvement from migrated fragments — tubal factor infertility
  • Extensive endometrial scarring from intrauterine fragment retention and chronic copper exposure
  • Pelvic inflammatory disease (PID) secondary to retained device causing tubal damage
  • Oophorectomy (ovary removal) performed in conjunction with complicated hysterectomy
  • Age at time of injury — younger women have longer reproductive horizon and greater loss

Treatment Options

The Team

Your Legal Team

LH

Dr. Leah Hoffman

Senior Partner — MDL Plaintiffs' Leadership

Atlanta, GA

22+ Years Experience
Medical device product liabilityWomen's health litigationMDL 2974 Paragard plaintiffs' leadershipIUD and reproductive device injury claims

Leah Hoffman has spent over two decades representing women injured by defective medical devices, with a focus on reproductive health products. She serves on the Plaintiffs' Steering Committee for MDL 2974 in the Northern District of Georgia, coordinating discovery strategy and expert witness preparation across the consolidated Paragard litigation. Her practice is based in Atlanta — the same district where Judge Leigh Martin May is presiding over the MDL — giving her direct proximity to court proceedings and case management conferences. Leah has worked with leading gynecological oncologists and reproductive medicine specialists to build causation and damages cases for Paragard clients, with particular expertise in infertility damages valuation. She has recovered over $120 million for medical device injury clients over her career.

Education

  • J.D., Emory University School of Law (2004)
  • B.S., Biology, Georgia Tech (2001)
MP

Marcus Pellegrino

Partner — Women's Health Litigation

New York, NY

17+ Years Experience
IUD product liabilityParagard MDL 2974 filingsNew York state court device litigationReproductive injury and infertility damages

Marcus Pellegrino has been representing Paragard IUD injury clients since 2020, filing cases both into MDL 2974 in Atlanta and in New York state court. His practice focuses on women who suffered infertility, hysterectomy, or major surgical intervention from a broken Paragard device. Marcus works closely with reproductive medicine experts and OB/GYN surgeons to document the full scope of his clients' injuries and to present compelling damages narratives for mediation and trial. He has been involved in obtaining several significant Paragard settlements for New York plaintiffs and monitors the MDL bellwether trial outcomes closely to time individual case resolution optimally.

Education

  • J.D., Fordham University School of Law (2009)
  • B.A., Women's Studies and Pre-Law, NYU (2006)
SA

Simone Abara

Partner — Medical Device & Mass Tort

Chicago, IL

14+ Years Experience
Paragard IUD fracture claimsMedical device failure-to-warn litigationIllinois and MDL 2974 practiceSurgical injury and fertility loss damages

Simone Abara brings a biomedical engineering background to Paragard IUD litigation, allowing her to evaluate device design arguments and work effectively with engineering and medical experts on device fracture mechanics. She has filed Paragard cases both in federal court (MDL 2974) and in Illinois state court (Cook County) for clients whose cases benefit from state court proceedings. Simone is known for her thorough approach to medical record development — identifying all imaging studies, operative reports, and reproductive medicine evaluations that document the full chain of injury from Paragard breakage through resulting complications. She has recovered over $15 million for medical device injury clients in her career and actively monitors MDL 2974 proceedings for case management updates.

Education

  • J.D., Northwestern Pritzker School of Law (2012)
  • B.S., Biomedical Engineering, University of Illinois (2009)
FAQ

Frequently Asked Questions

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Filing Deadlines

Paragard IUD Lawsuit Filing Deadlines — Statute of Limitations by State

The statute of limitations for Paragard IUD claims is typically 2 to 3 years from the date the device broke — not from the date of symptom onset or subsequent medical diagnosis. A 2025 ruling in MDL 2974 established that the limitations clock begins running at the moment of device fracture during removal. This ruling creates urgent deadlines for women whose Paragard broke in 2022, 2023, or 2024.

The Breakage Date Rule — 2025 MDL Ruling

Judge Leigh Martin May's 2025 ruling in MDL 2974 held that the statute of limitations accrues at the time of device breakage, because the breakage is the injury-causing event and is typically known to the patient immediately — her healthcare provider would have informed her that the device broke during removal, or imaging would have revealed retained fragments shortly after the procedure. This 'breakage date' rule differs from the traditional 'discovery rule' used in some pharmaceutical cases, where the clock starts when a plaintiff connects her symptoms to the product. For Paragard, the event is discrete and usually documented in medical records. Under this standard, a woman whose Paragard broke during a removal procedure in January 2022 faces a 2-year deadline of January 2024 in a state with a 2-year statute. Women approaching or past those deadlines in states with longer statutes (3 years in some states, such as California) may still have viable claims. An attorney must evaluate the specific state and breakage date without delay.

Real-World Examples

1

A Texas resident had her Paragard removed in March 2022. During removal, the physician informed her that one arm had broken off. She underwent hysteroscopy to retrieve the fragment in April 2022.

Texas has a 2-year products liability statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003). Under the breakage date rule, the clock started in March 2022. The Texas deadline was March 2024. If this claimant has not filed, her claim is likely time-barred in Texas. However, a tolling argument (fraudulent concealment, discovery rule challenge) or filing in a state with a longer limitations period may still be evaluated with an attorney.

2

A California resident had her Paragard break during removal in August 2023. She required laparoscopy in October 2023 to remove a migrated fragment from her fallopian tube.

California has a 2-year statute of limitations for personal injury (CCP § 335.1) with application of the discovery rule. Under the breakage date accrual standard, the California deadline is approximately August 2025. As of February 2026, this claim may be at or past the deadline, but a delayed discovery argument (if the extent of injury was not fully known until after imaging) may extend the window. Immediate consultation with a California attorney is essential.

Bottom Line

Women whose Paragard IUD broke during removal should contact a Paragard attorney immediately. Do not wait. The 2025 breakage-date ruling means statutes of limitations are running from the removal date — not from when you first experienced pain or received a surgical diagnosis. Every month of delay increases the risk that your claim will be time-barred.

Dive Deeper

In-Depth Guides

Paragard IUD Lawsuit Update 2026

2026 is a pivotal year for Paragard MDL 2974 — the first bellwether trial ended in a Teva defense verdict on February 5, two more trials follow in March and May, and global settlement negotiations are active as both sides assess litigation risk

Read guide

Paragard IUD Broken During Removal Lawsuit

Device arm fracture during removal is the central defect in Paragard litigation — when the T-frame's arms snap off inside the uterus, what was a routine office procedure becomes a surgical emergency requiring hysteroscopy, laparoscopy, or in severe cases, hysterectomy

Read guide

Paragard IUD Copper Toxicity Lawsuit

Retained copper fragments from a broken Paragard IUD can cause chronic copper exposure, inflammation, and systemic copper toxicity symptoms — an underreported injury type distinct from the mechanical fracture injuries at the center of most MDL 2974 claims

Read guide

Paragard IUD Infertility Lawsuit

Infertility caused by a broken Paragard IUD commands the highest tier of damages in MDL 2974 — projected settlements of $100,000 to $380,000 for women who lost the ability to conceive as a direct result of device fracture, surgical complications, or hysterectomy

Read guide

Paragard IUD Organ Perforation Lawsuit

Paragard fragments that migrate beyond the uterine cavity can perforate the bowel, bladder, fallopian tubes, and other abdominal organs — requiring major surgery and carrying permanent health consequences that significantly elevate damages in litigation

Read guide

Paragard IUD Removal Complications

Paragard removal complications — from arm fracture to organ migration to emergency surgery — represent a spectrum of outcomes from a device marketed as easily and safely removable, and each level of complication may support a product liability claim against Teva

Read guide

Paragard IUD Lawsuit Settlement Amounts 2026

Paragard IUD settlement amounts range from $10,000 to $380,000 depending on injury severity — with the Teva defense verdict in February 2026 creating uncertainty while two more bellwether trials in 2026 will further define the litigation's value

Read guide

Paragard IUD Statute of Limitations by State

A 2025 MDL ruling established that Paragard statutes of limitations run from the date of device breakage — not symptom onset — making immediate action critical for women whose Paragard broke in 2022, 2023, or 2024

Read guide

Teva Defense Verdict — What It Means for Paragard Cases

On February 5, 2026, Teva won the first Paragard bellwether trial — but one defense verdict in one case does not end the MDL, and women with documented infertility, surgery, and strong imaging evidence still have viable claims

Read guide

Who Qualifies for a Paragard IUD Lawsuit?

You may qualify for a Paragard IUD lawsuit if your device broke during removal and you suffered a documented injury — surgery, organ damage, or infertility — with medical records to support the claim and your state's statute of limitations still open

Read guide