U.S. District Judge Leigh Martin May has denied the defendant’s (Teva Pharmaceuticals and The Cooper Companies) motion to dismiss all claims against them in the Paragard multidistrict litigation (MDL) pending in the Northern District of Georgia. The decision comes as a huge victory for the many women harmed as a result of the T-shaped, intrauterine birth control device breaking apart inside their bodies.
In February, Judge May appointed Attorney Erin K. Copeland of Fibich, Leebron, Copeland & Briggs, co-lead counsel of the Paragard MDL. Attorney Copeland has worked tirelessly for over two decades pursuing justice for individuals who have suffered injury as a result of dangerous and defective medical devices and pharmaceuticals.
Earlier this year, the makers of Paragard (Teva Pharmaceuticals and The Cooper Companies) filed a motion to dismiss all of the MDL plaintiffs’ claims.
Judge May denied the motion, stating, in part, that there was sufficient information in the complaint to move forward with discovery. The defendants had argued that the pleading failed to state a claim for defective design or manufacture or failure to warn.
But, in her decision, the Georgia Federal Judge found that the complaint provided “factual underpinnings for the design defect claims” and detailed allegations about the defendants’ failure to warn. The judge further indicated that additional evidence would be needed to show whether the defect was in the actual design of the product or the manufacturing process.
The case will now proceed to discovery, giving plaintiffs access to critical evidence, which is currently under the exclusive control of the defendants. Continuing to fight for the women who were injured by the Paragard IUD device, Attorney Copeland and co-counsel will move forward on behalf of all plaintiffs.
As the complaint states, plaintiffs are alleging that the Paragard manufacturers were not only negligent but that the device contained critical defects that resulted in harm to consumers.
Additionally, plaintiffs are arguing that the companies failed to warn consumers about the risks of harm, breach of warranty, fraud, and consumer protection laws violations.
Attorney Copeland, as co-lead counsel of the MDL, and the entire legal team of Fibich, Leebron, Copeland, & Briggs will continue to fight on behalf of the many women hurt by breakage of the Paragard IUD and other defective medical devices and pharmaceutical products.
Our lawyers are unafraid to go up against the largest manufacturers and pharmaceutical companies, working to obtain compensation for injured parties and holding them accountable for wrongdoing.
Let us help to get you the financial recovery you need and deserve. If you were injured due to breakage of your Paragard IUD device, contact our office at (713) 751-0025 for a free, no-obligation consultation.
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