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Lawsuits By Missouri Women Claim IUD Broke During Removal

 The reproductive health of four women who filed a lawsuit against an IUD manufacturer raises questions about the device.
Photo Illustration-Carlos Moreno/KCUR 89.3
The reproductive health of four women who filed a lawsuit against an IUD manufacturer raises questions about the device.

Four Missouri women who say they suffered injuries when an intrauterine contraceptive device broke while it was being removed are suing the device’s manufacturer and its successor company.

In separate lawsuits filed in federal court in Kansas City last week and in August, the women allege the companies knew or should have known that the ParaGard IUD is defective because its arms have a tendency to break upon removal from the uterus.

The device was made by Teva Pharmaceuticals, which sold it in 2017 to The Cooper Companies Inc. for $1.1 billion. Both companies and various Teva and Cooper affiliates are named as defendants.

Teva and Cooper did not respond to requests for comment.

The plastic, T-shaped IUD provides long-term birth control for up to 10 years and was approved by the Food and Drug Administration in 1984. Unlike other IUDs, it doesn’t release hormones but rather releases copper, which produces an inflammatory reaction that interferes with egg fertilization.

According to the lawsuits, the FDA has received over 1,600 reports of ParaGuard breakage since 2010, with 700 classified as serious.

Other lawsuits

A number of lawsuits have been filed around the country alleging that the ParaGard IUD is defective and that the defendants failed to adequately warn about possible risks and complications.

Last year, a Nebraska woman lost her suit against Teva when a federal judge granted summary judgment to the company. The judge concluded there was no evidence to suggest the woman's physician would not have used ParaGard had the warnings in the package insert been stronger or more specific.

The suits are not the first over IUDs. Bayer Healthcare has faced thousands of lawsuits by women alleging its Mirena IUD migrated from the uterus and perforated their organs, requiring surgery to treat complications.

In 2016, a federal judge ruled in favor of Bayer in nearly 1,300 cases, finding the plaintiffs were unable to prove that the IUD was the cause of their injuries. In 2018, Bayer offered $12.2 million to settle 4,600 cases.

And in the 1980s, A.H. Robins, the marketer of the Dalkon Shield IUD, settled hundreds of thousands of claims alleging the device had caused septic abortions and other severe infections. A trust set up to resolve the claims paid out more than $3 billion. A.H. Robins filed for Chapter 11 bankruptcy protection in 1985.

Copyright 2021 KCUR 89.3. To see more, visit KCUR 89.3.

Dan was born in Brooklyn, N.Y. and moved to Kansas City with his family when he was eight years old. He majored in philosophy at Washington University in St. Louis and holds law and journalism degrees from Boston University. He has been an avid public radio listener for as long as he can remember – which these days isn’t very long… Dan has been a two-time finalist in The Gerald Loeb Awards for Distinguished Business and Financial Journalism, and has won multiple regional awards for his legal and health care coverage. Dan doesn't have any hobbies as such, but devours one to three books a week, assiduously works The New York Times Crossword puzzle Thursdays through Sundays and, for physical exercise, tries to get in a couple of rounds of racquetball per week.