On September 24, the plaintiffs involved in the ParaGard IUD lawsuits filed a motion asking the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate the cases before one judge in the U.S. District Court for the Central District of California.
According to the motion filed, the plaintiffs are seeking consolidation of cases brought throughout the federal court system for coordinated pretrial proceedings to avoid conflicting pretrial rulings from different courts, avoid duplicative discovery, and serve the convenience of common witnesses, parties, and the judicial system.
Currently, at least 55 actions are pending in 29 different judicial districts, as per the plaintiffs, each claiming misconduct on the part of the defendants, which resulted in injuries and painful complications when the fractured or broken device was being removed. The plaintiffs further asserted that more actions against the device are likely to be filed in jurisdictions throughout the United States, considering its sales.
The motion also noted that transfer, coordination, and consolidation is relevant as many common questions of fact and law exist, which include but is not limited to the following:
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Whether ParaGard was defectively designed.
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Whether the ParaGard lots contained manufacturing defects.
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Whether ParaGard was marketed with an adequate label.
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Whether the defendants conducted adequate pharmacovigilance of ParaGard.
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Whether defendants engaged in negligent conduct resulting in plaintiffs’ injuries.
The defendants did not respond to the motion yet, and a hearing session is scheduled for December 3, 2020, in San Antonio, Texas, to hear the oral arguments from various parties involved in the lawsuits.
