In a motion filed on Thursday, September 24th, women who have been injured by ParaGuard IUD have petitioned the JPML to consolidate the 55 cases under one MDL, stating that the issues among the claimants are the same. The device was originally owned by Teva Pharmaceuticals (2009 to 2017) and then sold to Cooper Companies who still owns the patent.
Women affected by the device claim that the ParaGuard IUD broke upon removal, leaving pieces inside their uterus. They state that the company knew about the issue and did not include the appropriate warnings while also failing to inform governing entities, the public and health professionals of its risks. The FDA has received over 1,600 reports of this issue with almost half of them reported as serious cases.
In their motion, the claimants recommend the Central District of California as the MDL jurisdiction since Cooper Companies is located there; in addition many of the lawsuits are filed there. The other venues recommended were Northern District of Georgia and the Western District of Missouri.
Plaintiff lawyers stated that establishing an MDL would allow hundreds of additional women to come forward and file a case. Plaintiffs are represented by Lauren A. Welling, Timothy M. Clark and Randi Kassan of Sanders Phillips Grossman LLC.