The Paragard legal action is new and no one can make promises about its outcome. However, we can tell you what women have received in similar mass torts. Women injured by Essure birth control received individual settlements of approximately $45,000 before attorneys fees and expenses were deducted. This settlement was announced August 2020 as part of a $1.6 billion payout by Bayer.
I don’t know if my Paragard broke or fractured when it was removed and my doctor didn’t disclose the condition of the device. What do I do?
We get it — a removal procedure is NOT a great time to keep track of what happened! After a surgery, we would probably be more worried about what flavor of ice cream to eat with our hot pack when we got home. However, if you had to have a prolonged procedure during the planned removal of the Paragard ~OR~ you had to have a secondary procedure after the planned removal, it’s likely that the IUD fractured either before or during the removal process. If you have access to your medical records or can give your doctor or healthcare facility a call to confirm with them whether there was breakage, this could help jumpstart your potential case! Once you are connected with a firm, they can do a deeper dive into your medical records as well. All that said — we encourage you to fill out the questionnaire to the best of your ability — we may have enough information to pair you with a firm, even if you don’t feel like you have all the answers, or we can help you with exactly what to ask your doctor if you are able to get in touch with them.
My Paragard didn’t break or fracture, but I’ve experienced side effects from the IUD. Can I still take legal action?
We work with law firms that represent women with a variety of experiences. While the most significant injuries usually involve device breakage, it’s worth your time to add your story to this movement and we’ll try to find you legal representation. We are aware that any level of side effect or complications around your birth control can be terrifying, exhausting and frustrating, and actively work with firms to expand options for women. Even if we are not able to pair you with a firm now, if there is movement forward in the overall Paragard case or we find a new, vetted by ACFW firm, who can fight for your particular case, we will reach back out to you to see if you are still interested in moving forward with legal action.
I think I had a different IUD or similar birth control, such as Essure or Mirena. Are there legal options available to me?
Currently, we aren’t working with any law firms that are handling Mirena or Essure-related problems. If you aren’t sure what kind of IUD was implanted, you can give your healthcare provider a call for more information. It might be worth your time to double check!
Why do you need my mailing address?
A mailing address is required on your agreement with your law firm. Your firm may need to send you actual paperwork sometimes – even though so many things happen digitally these days, and you won’t have to do much other than a few phone calls, on the off chance that they do need you to complete any extra paperwork, this cuts down a step! And farther down the line of your case, it lets them know where to send compensation if and when your case settles successfully! and it also lets them know where to send compensation if and when your case settles successfully.
I’m shocked and upset that my doctor would prescribe this to me. Shouldn’t my doctor have known?
Both doctors and patients weren’t given sufficient information about Paragard, so your doctor isn’t at fault. Law firms are suing the manufacturer of Paragard, alleging that they withheld key safety information. Documents have revealed that the manufacturer of Paragard also took shortcuts in the manufacturing of the devices that may have led to faulty devices. Additionally, doctors were given misleading information about the number of years that Paragard could be considered effective without the device itself degrading. Basically – yes, the copper could continue to prevent pregnancy for up to 10 years, but the plastic was only meant to last 5 years – and your doctor trusted the manufacturer when they assured them that it could last longer!
I’m afraid I’ll be refused medical care if I take legal action.
This type of legal action is against the manufacturer of Paragard and doesn’t involve your current or past medical care providers whatsoever. No need to worry about this!
I really love my doctor! Will this get them in trouble?
Absolutely not! I’m so glad you have a doctor you like! This legal action is against the manufacturers of Paragard and has nothing at all to do with your doctor or your medical facility. Doctors were misinformed about the safety of Paragard just like you were.
I don’t want to get in trouble/owe money if it turns out I don’t really have a case.
Taking action like this doesn’t cost anything – it’s part of our mission to create free and equal access to legal action. If for some reason your firm can’t get what it needs to file your case or they don’t win/settle your case, then you’ll owe nothing. Your firm is only ever paid their percentage if, and only if, they win or settle and that money comes out of the winnings or settlement, not your pocket. You either win something or lose nothing. We want you to be able to take legal action that is your right, without financial risk!
If I had more than one Paragard device implanted and break which one do I list or do both qualify?
We’d encourage you to fill out your questionnaire based on your experience with the broken device primarily. You can put in information about any other Paragard or other IUDs you had in the ‘anything else we should know’ section.
I had my old Paragard removed and a new one put in. Should I get this one taken out now?
We aren’t doctors, so that would be a great question for your health care provider. Unfortunately we are advocates so we cannot give medical advice. Please reach out to your health care provider about any concerns you may have here. If you need help finding a health care provider in your area, check out our resource page here.
My daughter/friend/sister had Paragard can they do this too?
Yes, they should absolutely reach out to us! We’ll get them started with their own case. However, your questionnaire link is unique + confidential to you, so please don’t pass that on. You can have them email us at firstname.lastname@example.org or give us a call at (214) 771-9698. If you’d like, you can also send them our webpage, or text our team and ask us to send an email with all the info they need so you can forward on to them. If someone you know has had problems with Paragard please ask them to contact us!
My Paragard broke, but I don’t really have any issues from it; is it worth it to pursue?
Yes! We have many reasons why: women are warriors who often think “it’s not that big of a deal” when…it actually is a big deal that you had to go through this! Not only that, but women have few enough safe options for birth control as it is, and it’s important to stand up and demand better devices – and better accountability from the few manufacturers who are making medical products for women. It’s not okay to take shortcuts when it comes to women’s health! When you take legal action for an issue like this, you stand up both for yourself and your rights, and the rights of all women. it’s important to join the legal action so that the manufacturers of Paragard are made aware of how many devices were defective.
OK, I hear that, but — I don’t really care about what happened to me / I’m not sure I want to take action for myself. Is there anything I can do for others or any big picture impact this would have?
First, don’t count yourself out. Your experience is important and it matters. Second, the biggest impact you can have is by joining this legal action. It’s one of the main ways we have to make big, lasting change. It also sends a message to big companies that women deserve safer birth control options!
My partner/parent doesn’t know I have an IUD and I’m scared they will find out if I join a lawsuit.
Your partner doesn’t need to know, your business is your business. If you want to keep communication about your potential case private, please let us know and we’ll make sure your firm is alerted. You can also give us a codeword we can use if you share any phone/email lines with your partner so that Paragard isn’t discussed. You can even let your law firm know how and when to NOT contact you.