New Bellwether Trial Dates Set for Paragard Lawsuits
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After a quiet few months, there has been some notable movement among the Paragard lawsuits pending in multidistrict litigation. The court has set two bellwether trial dates for the cases, which claim that Paragard IUD devices broke during removal and that there was a failure to warn of these risks.
The court has tentatively set the first trial to begin on Dec. 1, 2025, with the second trial set for Feb. 2, 2026. Bellwether trials are an important step in determining the outcome of litigation, with these cases essentially serving as a litmus test to help inform the likelihood of future cases succeeding if they go to trial.
Defendants often move to negotiate a settlement if plaintiffs win the bellwether trials.
Stakeholders have rescheduled the bellwether dates for the Paragard MDL a couple of times as the litigation progressed. The first revised date would have had the bellwethers tried by the end of October 2024.
That date began to look less likely as October neared and few court documents regarding proceedings and discovery had been filed in the MDL.
The two new dates are not set in stone yet, with the court noting that they are pending the availability of the defendants’ counsel.
Lawsuits Claim Paragard IUDs Were Flawed, Broke During Removal
Plaintiffs have filed lawsuits relating to Paragard IUDs, claiming that the products are flawed and can break when doctors remove them.
According to Cleveland Clinic, Paragard is a copper IUD that is implanted in the uterus and usually lasts for 10 years.
If the device breaks upon removal, this means that pieces of the device can remain inside the uterus and possibly impact other organs. The National Institute of Health highlighted one case where the right wing of a Paragard device broke off during removal and remained in the patient, who ended up needing a hysterectomy to safely remove the broken piece.
“Risk of fracture during IUD removal should be better communicated between physicians and patients,” the case study stated.
As of November, over 2,800 lawsuits are pending in the Paragard MDL.
Editor Lindsay Donaldson contributed to this article.