Paragard IUD Statute of Limitations by State

The Breakage Date Rule — When Your Clock Started

In 2025, Judge Leigh Martin May issued a ruling in MDL 2974 establishing that the statute of limitations for Paragard IUD claims accrues at the moment of device breakage during removal. This ruling rejects the argument that the limitations clock should start only when a plaintiff connects her symptoms to the device through medical investigation. Instead, because Paragard breakage during removal is typically a discrete, documented event — the provider notes it in the removal record, orders imaging, or performs a follow-up hysteroscopy — the court found that the plaintiff had knowledge of the injury-causing event at the time of breakage. This ruling has significant consequences: women who had their Paragard break in 2022 are likely past the 2-year deadline in most states. Women with 2023 breakages are at or near the deadline. Women with 2024 breakages should file immediately.

State-by-State Statute of Limitations Overview

Most U.S. states have a 2-year products liability statute of limitations: including Texas, Florida, Georgia, Illinois, New York (3 years for personal injury), Pennsylvania, Ohio, Michigan, and the majority of other states. California has a 2-year general personal injury statute (CCP § 335.1) with the discovery rule. Some states offer 3 years (New York personal injury, North Dakota, Maine) or longer, which may preserve claims for 2022 or early 2023 breakages. States with the most urgent deadlines under the breakage-date rule include Texas (2 years), Florida (2 years from 2023 law change), Georgia (2 years), Colorado (2 years), Virginia (2 years), and Arizona (2 years). An attorney must evaluate your specific state and breakage date — do not rely on general information to determine your deadline.

Why You Cannot Wait for the MDL to Settle

A common misconception among Paragard plaintiffs is that they can wait to see how the MDL resolves — including whether a global settlement is announced — before deciding to file. This is a critical error. Statutes of limitations run independently of MDL timing. If your state deadline expires before you file your individual case into the MDL, you are permanently barred from recovery regardless of any global settlement that may be achieved. MDL participation requires that your individual case be timely filed. Filing your case now preserves your rights while the MDL process plays out. There is no penalty for filing early and waiting — there is only the catastrophic consequence of missing your deadline.

Tolling Agreements and Extensions

In some MDL proceedings, plaintiffs' and defense counsel negotiate tolling agreements — contractual extensions of the statute of limitations for claimants who register or submit information before a deadline. As of February 2026, it is unclear whether a tolling agreement has been negotiated in MDL 2974. Your attorney should investigate whether any tolling agreement applies to your potential claim. However, do not assume a tolling agreement exists or protects you — the safest course is to file your claim promptly rather than rely on any informal extension. Your attorney can determine whether any tolling agreement is available and applicable to your situation.