Paragard IUD Lawsuit Lawsuit in North Carolina

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Written By
People's Justice Legal Research Team

Statute of Limitations

North Carolina: 3 years from device breakage date (N.C. Gen. Stat. § 1-52)

3 years from breakage date

Filing Venue

Where to File in North Carolina

Paragard cases from North Carolina 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.

North Carolina Statute of Limitations: North Carolina General Statutes § 1-52(16) (3-year product liability discovery rule) establishes a 3 years limitations period for personal injury and product liability claims. North Carolina provides a 3-year statute of limitations running from the date the plaintiff discovers or should have discovered the injury — one of the more generous deadlines in the MDL cohort. N.C. courts apply a two-part discovery standard requiring both knowledge of injury and its probable cause before the limitations period begins.

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

North Carolina's Research Triangle and Charlotte metro areas have growing populations of reproductive-age women supported by large university hospital OB-GYN departments at UNC, Duke, and Wake Forest/Atrium Health. Rural North Carolina has significant IUD usage driven by federally qualified health center networks.

North Carolina Data

Exposure in North Carolina

Source: N.C. Gen. Stat. § 1-52

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