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In a decision that reshapes the battlefield without ending the war, a federal judge in Georgia narrowed — but did not dismiss — a bellwether case accusing Teva Pharmaceuticals of defects in the Paragard intrauterine device, allowing core claims to advance while pruning others.

U.S. District Judge Leigh Martin May on Monday partially granted Teva’s bid for summary judgment in a lawsuit brought by Pauline Rickard, who says the copper IUD fractured inside her body and forced her to undergo surgery. The ruling follows a similar partial win for co-defendant The Cooper Cos. just over a month earlier.

What Survived — and What Didn’t

Warnings, Design and Damages Move Ahead

Judge May found that Rickard produced testimony and evidence suggesting Teva failed to adequately warn her physician about the risk that Paragard could break and require surgical removal — and that the doctor would have altered treatment had that warning been given.

The court also cleared the way for Rickard’s design defect claim against Teva. Testimony from her treating physicians indicated the device was used as intended, properly prescribed and inserted by experienced providers, yet fractured well before the product’s recommended 10-year lifespan. The judge said the record raises a genuine dispute over whether the IUD performed as safely as an ordinary consumer would expect. Rickard’s materials expert added that changes in materials increased the risk of breakage.

Claims seeking punitive damages likewise remain in play, with the court concluding a jury could find Teva’s conduct grossly negligent under the applicable standard.

Claims Cut Back

Other allegations fell away. Judge May dismissed Rickard’s claim that Teva misrepresented the product directly to her, noting she relied on general internet searches and online reading without identifying specific statements made by the company.

The judge also trimmed Rickard’s breach of warranty claim, ruling she failed to give Teva the required notice of the alleged breach before filing suit.

A Bellwether in a Bigger Storm

Rickard’s case is one of hundreds pending in multidistrict litigation over Paragard, a small T-shaped plastic device wrapped in copper wire. Developed by Teva and sold to Cooper in 2017, the IUD is alleged to have a tendency to fracture in the uterus, particularly during removal.

Rickard received her Paragard from a Florida physician in 2012 and says she needed “complicated medical interventions” to extract the broken device.

In November, Judge May granted partial summary judgment to Cooper, holding that Rickard and other bellwether plaintiffs could not pursue design defect claims against Cooper because they received their devices before Cooper acquired the product line.

Which Law Applies

Florida Governs Punitive Damages

The parties also sparred over whether New York or Florida law should control claims for punitive damages and gross negligence. Judge May ruled Florida law applies, pointing to Rickard’s own interrogatory response stating she sought punitive damages under a Florida statute.

Because Florida does not recognize gross negligence as a standalone cause of action — treating it instead as a standard for awarding punitive damages — the court granted summary judgment on that claim. Still, the judge emphasized that evidence presented could support a finding of gross negligence and justify punitive damages.

Counsel and Next Steps

Attorneys for the parties did not immediately respond to requests for comment Tuesday.

Rickard is represented by Nicole Berg and Ashley Barriere of Keller Postman LLC, along with Erin K. Copeland of Fibich Leebron Copeland Briggs.
Teva is represented by Christopher D. Morris and Pamela L. Ferrell of Butler Snow LLP.
The Cooper Cos. are represented by Caroline D. Walker and Kasey M. Adams, also of Butler Snow LLP.