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Paragard IUD lawsuits are a way to compensate women who have suffered physical and financial trauma as a result of IUD removal leading to breakage in the uterine cavity. The companies like Cooper Companies and Teva Pharmaceuticals are involved in negligent marketing and defective product manufacturing; they fail to warn the consumers about the hazards that IUD removal can inflict upon their health and financial status.
Worth and Size of the Settlements
The worth and size of the settlements rely on the intensity and severity of the cases. If the injuries are severe, the settlement will be high. Women who suffer major complications and life-threatening conditions such as infertility, hysterectomy or invasive surgeries as a result of IUD removal and breakage are bound to receive major settlements compared to those who bear no complications or injuries.
Claims that back a Settlement
The settlements can be big, depending upon the underlying issues. The major claims that back a settlement are:
- Failure to warn the clients of the hazards involved
- Improper labeling and marketing of the device
- Defective design of the device
- A manufacturing defect in the device
- Negligence in the endorsement
Assessment of the Settlement
Till this date, no settlement has been made public. The settlement proceedings take a year or two if the case goes to trial. The judge assesses the case and evidence and takes the pretrial decisions. Few cases then go to trial and the result sets the tone of negotiation of settlement. If the defendant loses, then they are bound to offer larger settlements to the plaintiffs. On the other hand, every plaintiff receives an individual settlement depending upon the severity of her case. There are no equal settlements in all cases.
What Aspects a Settlement Covers
The settlement offered covers the following aspects;
- Lost wages; missing work due to physical and mental suffering and injuries.
- Medical expenses; bills that cover treatment of a wide array of internal injuries including organ damage, uterus and uterine wall’s perforation, Pelvic Inflammatory Disease (PID), or Ectopic Pregnancy.
- Suffering and Pain; cramping, bleeding and other life-long issues like infertility that has a major impact on a woman’s mental condition.
The attorneys charge 40% of the won settlement for the case proceedings and court costs. If the plaintiff loses, she doesn’t have to pay anything. Moreover, law firms like Shouse Law Group offer free consultancy and case review and charge nothing for suing.
