Paragard IUD Lawsuit in Illinois

Free Case Review

Start Your Free Review

Answer 2-3 quick questions to review your potential case.

Written By
People's Justice Legal Research Team

Statute of Limitations

Illinois: 2 years from device breakage date (735 ILCS 5/13-202)

2 years from breakage date

Filing Venue

Where to File in Illinois

Paragard cases from Illinois are filed directly into MDL 2974 — In re Paragard IUD Products Liability Litigation — pending in the United States District Court for the Northern District of Georgia, Atlanta Division, before the Honorable Leigh Martin May. MDL 2974 consolidated over 20,000 Paragard claims from across the country. Upon filing, cases are transferred to N.D. Georgia for coordinated pretrial proceedings under the Case Management Orders issued by Judge May; individual cases return to home districts only for trial.

Illinois Statute of Limitations: Illinois Code of Civil Procedure § 13-202 (2-year personal injury) and § 13-213 (product liability — 2 years from discovery) establishes a 2 years limitations period for personal injury and product liability claims. Illinois applies a strict discovery rule under § 13-213: the 2-year product liability period runs from when the plaintiff first knew or should reasonably have known of injury and its probable cause. For Paragard plaintiffs, this is typically the date a radiologist or surgeon confirmed retained arm fragments.

Transfer to N.D. Georgia MDL: Plaintiffs' counsel typically file Illinois Paragard cases directly in the Northern District of Georgia to enter MDL 2974, or file in Illinois federal court and receive transfer via JPML conditional transfer order. Either path results in cases being managed under Judge May's pretrial docket. Illinois plaintiffs are subject to the MDL's Plaintiff Fact Sheet requirements and the bellwether trial selection process.

Illinois, centered on the Chicago metropolitan area, has a dense network of academic and community OB-GYN practices. Cook County and the collar counties account for the vast majority of Illinois Paragard cases. Illinois women's health clinics historically offered Paragard as a primary hormone-free option.

Illinois Data

Exposure in Illinois

Source: Martinez v. Teva Pharmaceuticals, Cook County Circuit Court (April 2024)

Back to Paragard IUD Lawsuit Lawsuit Overview