Teva prevails in first U.S. jury trial over Paragard IUD injury claims

Updates the attorneys representing Teva in paragraph 13.

By Diana Novak Jones

Feb 4 (Reuters) - A jury in Atlanta federal court has sided with Teva Pharmaceuticals in the first trial testing claims the company failed to warn women that its Paragard intrauterine contraceptive device could break apart during removal.

After a two-week trial, the jury on Tuesday rejected plaintiff Pauline Rickard’s attempt to hold the company liable for allegedly failing to warn her about problems with its product.

Rickard's case, which is among more than 3,800 lawsuits over similar claims, was the first so-called “bellwether” in the litigation — trials that are used to test claims before juries and determine their value for potential settlements.

Erin Copeland, an attorney for Rickard, said the verdict doesn’t change what the women who have sued over Paragard have experienced.

“We will continue to expose what has been buried in the company documents, including the conduct that kept women in the dark, and demand accountability, regardless of the outcome of any one trial,” Copeland said.

In a statement, a spokesperson for Teva said the verdict affirms its position in the case and “we will continue to vigorously defend against claims that we believe misrepresent this important product’s safety profile.”

Paragard is a non-hormonal contraceptive device, or IUD made from copper that can be implanted in the uterus and used for years. The lawsuits claim the company failed to warn women that the IUD can break apart while inside the body, causing injuries that can impact fertility and often requiring surgical removal.

Rickard sued the company in 2021, claiming she needed multiple procedures to remove her Paragard IUD. Her case was among the thousands that have been centralized before a single judge in the Atlanta federal court in a multi-district litigation.

Teva sold Paragard to CooperSurgical in 2017. Rickard’s claims against CooperSurgical were dismissed separately. Teva faces claims from people like Rickard, who received their IUDs when the company owned the Paragard product. Teva has argued that the plaintiffs' claims are preempted by federal law governing drug labeling and said the company adequately warned physicians of the risk of breakage.

Rickard’s case is the first of three planned bellwether trials coming up in the next few months.

The case is In Re: Paragard IUD Products Liability Litigation, U.S. District Court for the Northern District of Georgia, No 1:20-md-02974.

For the plaintiffs: Erin Copeland of Fibich Leebron Copeland & Briggs; and Nicole Berg of Keller Postman

For Teva: Christopher Morris and Pamela Ferrell of Butler Snow; and Shayna Cook and Rami Fakhouri of Goldman Ismail Tomaselli Brennan & Baum

(Reporting by Diana Novak Jones)