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.
