Paragard lawsuit TV commercials have done a proper job of getting the word out there regarding the risks associated with Paragard use. Dozens of women have already come forward with legal claims after having suffered severe health complications because of their Paragard IUD.
With an increasing number of litigations sprouting around the country, many consumers wonder if a Paragard class-action will soon come. At this time, it would not make sense for a class-action to be filed. Comparatively, it makes more sense for multidistrict litigation (MDL) to be formed.
The concept of a class-action lawsuit is understood by most consumers. Such legal cases occur when a large number of plaintiffs get together and file one legal claim. This would not be very effective in the case of Paragard at this time given the fact that many individual lawsuits are ongoing as we speak.
On the other hand, a more appropriate legal process would be to form multidistrict litigation.
Multidistrict litigation, or MDL, is when individual lawsuits are consolidated or grouped so that they may be better carried out. Essentially, all of the active cases from different courts regarding the same matter are brought together under a single federal judge.
Once all the similar cases are grouped, the discovery and pretrial proceedings are conducted together, so to speak. In this way, the courts hope to conserve resources and provide consistent rulings across closely-related cases.
Who decides when it's appropriate to form MDL? A panel of seven federal judges is brought forth an MDL proposal. Such a proposal is usually put together by the separate plaintiffs who often understand that, by pooling their efforts with each other, they may have a greater chance of winning the case.
On the other hand, the defendant may often argue to the seven-judge panel that an MDL is not necessary or appropriate. Ultimately, the choice comes down to the panel.
As of December 2020, a Judicial Panel on Multidistrict Litigation has decided that a federal MDL is appropriate in the Paragard lawsuits. Accordingly, all Paragard cases filed in the federal courts will be assigned to U.S. District Judge Leigh Martin May in the Northern District of Georgia.
While unsuccessful in their efforts, the manufacturers of Paragard were not quiet during the MDL ruling. The defendants argued that the complications were not numerous or severe enough to reach the "mass tort standard." In fact, Paragard manufacturers argued that the concerns surrounding Paragard were only elevated because they had been widely publicized on radio and TV by advertisers.
After taking into account the points from both plaintiffs and defendant, the U.S. Judicial Panel on Multidistrict Litigation (JPML) confirmed the plaintiffs' request and allowed the MDL to begin.
If you believe you were harmed by your Paragard IUD, it is possible that you could also file a legal claim for compensation.
Since all cases are different, it's important for yours to be analyzed by a legal professional. Call The Product Lawyers today, or fill out the form on this page, for a free consultation. You've got nothing to lose and everything to gain by learning more about your rights and legal options as a Paragard patient.
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