Statute of Limitations
Illinois: 2 years from device breakage date (735 ILCS 5/13-202)
2 years from breakage date
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.
Exposure in Illinois
Source: Martinez v. Teva Pharmaceuticals, Cook County Circuit Court (April 2024)
Your Legal Team
Simone Abara
Partner — Medical Device & Mass Tort
Chicago, IL
Simone Abara brings a biomedical engineering background to Paragard IUD litigation, allowing her to evaluate device design arguments and work effectively with engineering and medical experts on device fracture mechanics. She has filed Paragard cases both in federal court (MDL 2974) and in Illinois state court (Cook County) for clients whose cases benefit from state court proceedings. Simone is known for her thorough approach to medical record development — identifying all imaging studies, operative reports, and reproductive medicine evaluations that document the full chain of injury from Paragard breakage through resulting complications. She has recovered over $15 million for medical device injury clients in her career and actively monitors MDL 2974 proceedings for case management updates.
Education
- J.D., Northwestern Pritzker School of Law (2012)
- B.S., Biomedical Engineering, University of Illinois (2009)