Earlier this month, oral arguments were held over the consolidation of all ParaGard intrauterine device (IUD) lawsuits, following which the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order this Wednesday, confirming centralization in the Northern District of Georgia.
The order states that the lawsuits have common questions of fact, and consolidation will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.
In September, plaintiffs filed a motion seeking consolidation of the lawsuits pending in the Central District of California (Traylor) in that district, or, in the alternative, the Northern District of Georgia, the Western District of Missouri, or the Eastern District of Louisiana. 55 actions pending in 31 districts as listed on the Schedule A section of the attached transfer order are consolidated, and the panel has also been notified of more than 25 potentially-related lawsuits.
The defendants, Teva Pharmaceuticals and The Cooper Companies, Inc., submitted a joint response in opposition to the centralization, arguing for centralization in the Southern District of New York or, in the alternative, the Middle District of Florida or the Southern District of California.
The defendants had already filed a motion in October, opposing the consolidation, claiming attorney's advertising resulted in the rise, and it is not a “genuine mass tort.” They also argued that the need for common discovery or depositions could be done through informal coordination, as several plaintiffs are represented by the same law firm.
The number of ParaGard lawsuits is growing and involves common allegations that the birth control device has a risk of breaking upon removal, causing complications and injuries, including surgeries to remove the broken piece of the device, infertility, and pain.
The lawsuits listed in the order and pending outside the Northern District of Georgia are transferred to the Northern District of Georgia and are assigned to Honorable Leigh Martin May for coordinated or consolidated pretrial proceedings as per the consent of the stated court.
