Statute of Limitations
New York: 3 years from device breakage date (CPLR § 214(5))
3 years from breakage date
Where to File in New York
Paragard cases from New York 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.
New York Statute of Limitations: New York CPLR § 214-c (product liability / toxic tort discovery rule) establishes a 3 years limitations period for personal injury and product liability claims. New York CPLR § 214-c provides a 3-year period running from the date of discovery of the injury — the most plaintiff-favorable deadline framework in the MDL cohort. New York courts have consistently applied § 214-c to medical device fracture claims where physical injury was latent until imaging revealed retained fragments.
Transfer to N.D. Georgia MDL: Plaintiffs' counsel typically file New York Paragard cases directly in the Northern District of Georgia to enter MDL 2974, or file in New York federal court and receive transfer via JPML conditional transfer order. Either path results in cases being managed under Judge May's pretrial docket. New York plaintiffs are subject to the MDL's Plaintiff Fact Sheet requirements and the bellwether trial selection process.
New York City and surrounding metro counties contain one of the highest concentrations of reproductive health clinics in the country. New York State's Medicaid program has historically covered Paragard with minimal cost-sharing, driving high uptake among lower-income women. The Bronx, Brooklyn, and Queens have significant plaintiff populations in MDL 2974.
Exposure in New York
Source: Chen v. CooperSurgical and Teva, New York County Supreme Court (2025)
Your Legal Team
Marcus Pellegrino
Partner — Women's Health Litigation
New York, NY
Marcus Pellegrino has been representing Paragard IUD injury clients since 2020, filing cases both into MDL 2974 in Atlanta and in New York state court. His practice focuses on women who suffered infertility, hysterectomy, or major surgical intervention from a broken Paragard device. Marcus works closely with reproductive medicine experts and OB/GYN surgeons to document the full scope of his clients' injuries and to present compelling damages narratives for mediation and trial. He has been involved in obtaining several significant Paragard settlements for New York plaintiffs and monitors the MDL bellwether trial outcomes closely to time individual case resolution optimally.
Education
- J.D., Fordham University School of Law (2009)
- B.A., Women's Studies and Pre-Law, NYU (2006)