Statute of Limitations
Michigan: 3 years from device breakage date (MCL § 600.5805)
3 years from breakage date
Where to File in Michigan
Paragard cases from Michigan 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.
Michigan Statute of Limitations: Michigan Compiled Laws § 600.5805(2) (3-year personal injury) with discovery rule under Trentadue v. Buckler Lawn Mower establishes a 3 years limitations period for personal injury and product liability claims. Michigan's 3-year personal injury statute, combined with the discovery rule, means the limitations period begins when the plaintiff knew or should have known of both the Paragard arm fracture and its causal relationship to her injury. Michigan is notably plaintiff-favorable on this issue, as courts have extended the discovery rule broadly to latent medical device injuries.
Transfer to N.D. Georgia MDL: Plaintiffs' counsel typically file Michigan Paragard cases directly in the Northern District of Georgia to enter MDL 2974, or file in Michigan federal court and receive transfer via JPML conditional transfer order. Either path results in cases being managed under Judge May's pretrial docket. Michigan plaintiffs are subject to the MDL's Plaintiff Fact Sheet requirements and the bellwether trial selection process.
Michigan's large population of reproductive-age women is concentrated in the Detroit metropolitan area, Grand Rapids, and Lansing. The University of Michigan and Michigan State university hospital systems trained many of the state's OB-GYN practitioners and placed significant Paragard device volumes through their resident clinics.
Exposure in Michigan
Source: MCL § 600.5805