Paragard IUD Claims in Los Angeles

What do Paragard lawsuits allege?

The device is a small T-shaped frame of polyethylene wound with copper wire. The allegation is that the frame can become brittle while it sits in the body, that the arms can fracture under the ordinary force used to remove it, and that neither patients nor clinicians were adequately warned. The manufacturers named in these cases include Teva and CooperSurgical. A claim generally alleges one of three things, and these are allegations to be proved, not assumptions:

• Defective design. The device was unreasonably dangerous as designed.
• Defective manufacture. This particular unit was manufactured badly.
• Inadequate warnings. The risk of breakage on removal was known and not adequately communicated.

These claims are usually brought against the manufacturer, on the basis that the device itself was prone to fracture, not on the basis that the clinician did anything wrong. If the records suggested a clinical error you would be told, because that is a different kind of case with different rules and a different deadline. Under California’s pure comparative fault rule, partial fault reduces a recovery and does not bar it, and where a company acted with malice, oppression or fraud, Civil Code section 3294 allows punitive damages.

What records should you gather for a Paragard claim?

• The insertion note and the removal note, which says whether the device came out whole or was fractured.
• Imaging taken afterwards, such as ultrasound or hysteroscopy findings.
• Operative reports for any procedure to retrieve a fragment.
• Follow-up records for treatment of pain, infection, bleeding or fertility problems.
• Both sets of records if insertion and removal happened at different places, including a community clinic, a county clinic, Family PACT or Medi-Cal.

Whether a retained fragment was ever recovered matters, and so does whether it is still in place. We request the records for you, in Spanish if you prefer, at no cost up front.

How long do you have to file a Paragard claim?

California allows two years from the injury for most personal injury claims, under Code of Civil Procedure section 335.1, usually running from the failed removal. Where a retained fragment was only identified later, the delayed discovery rule can start the two years from when the injury and its likely cause were, or should have been, discovered. If a public entity such as a county clinic was involved, a written claim generally has to be presented within six months under Government Code section 911.2, and that shorter deadline governs. Have your dates assessed against the actual records rather than assuming either way.

What compensation may be sought in a Paragard case?

• Medical expenses, past and future, including imaging, retrieval procedures and ongoing care.
• Lost earnings and loss of future earning capacity.
• Pain, suffering and emotional distress, and the loss of enjoyment of life.
• Punitive damages under Civil Code section 3294 where the facts show malice, oppression or fraud.

No outcome can be promised, and the value of a claim cannot be known before the medical picture is clear. This is not a class action. Each claim stays separate, built on that person’s own device, removal and outcome. Where a coordinated proceeding exists, a filed claim joins it.

How much does a Paragard lawyer cost in Los Angeles?

No fee unless there is a recovery. Broukhim Legal PC takes injury and mass tort matters on a contingency fee, so there is nothing to pay up front and the fee is paid out of what is recovered. If nothing is recovered, no fee is owed. The fee agreement is put in writing and signed before any work starts, as Business and Professions Code section 6147 requires, and the costs of running the case are explained in that same agreement. Your first conversation is free, confidential and carries no obligation.

Paragard claims for clients across Los Angeles County

Broukhim Legal PC takes mass tort claims for clients throughout Los Angeles County from its office at 550 S Hill Street in downtown Los Angeles. These cases are consolidated in federal or state court rather than heard locally, so where you live does not limit the claim. This sits alongside our other implant work, including hernia mesh, port catheters and other medical devices. See all mass torts we review, or choose your city:

See all locations we serve, or tell us about your removal for a free case review.

Meet your Los Angeles Paragard lawsuit lawyer

Bejan Broukhim, Founder and Lead Attorney
State Bar of California, license number 183036

Bejan Broukhim brings years of California legal experience to injury and mass tort cases and personally reviews each one. He earned his J.D. at the University of West Los Angeles School of Law, served as a judicial extern in the U.S. Bankruptcy Court and the Van Nuys Superior Court, and appeared in preliminary hearings as a certified law clerk with the Los Angeles County District Attorney’s Office. Every case is prepared from day one as though it will go to trial.

Office: 550 S Hill Street, Suite 1390, Los Angeles, CA 90013, serving all of Los Angeles County and California. Get directions