Statute of Limitations
Pennsylvania: 2 years from device breakage date (42 Pa. C.S. § 5524)
2 years from breakage date
Where to File in Pennsylvania
Paragard cases from Pennsylvania 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.
Pennsylvania Statute of Limitations: Pennsylvania's 42 Pa. C.S. § 5524 (personal injury) with discovery rule under Pocono International Raceway v. Pocono Produce establishes a 2 years limitations period for personal injury and product liability claims. Pennsylvania's discovery rule tolls the 2-year limitations period until the plaintiff knew or reasonably should have known that she suffered an injury attributable to the Paragard device. Pennsylvania courts apply a reasonable-diligence standard — the clock typically runs from imaging confirmation of retained arm fragments.
Transfer to N.D. Georgia MDL: Plaintiffs' counsel typically file Pennsylvania Paragard cases directly in the Northern District of Georgia to enter MDL 2974, or file in Pennsylvania federal court and receive transfer via JPML conditional transfer order. Either path results in cases being managed under Judge May's pretrial docket. Pennsylvania plaintiffs are subject to the MDL's Plaintiff Fact Sheet requirements and the bellwether trial selection process.
Pennsylvania's Philadelphia and Pittsburgh metro areas have high volumes of reproductive healthcare, with several academic medical centers that trained the OB-GYN practitioners who placed a significant share of the state's Paragard devices. Pennsylvania plaintiffs are well-represented in MDL 2974.
Exposure in Pennsylvania
Source: PJ Competitive Research Report, February 2026