The Paragard Lawsuit: The Fundamental Differences Between a Class Action Lawsuit and a Multidistrict Litigation Exercise (You Should Read This)

The Paragard Lawsuit: The Fundamental Differences Between a Class Action Lawsuit and a Multidistrict Litigation Exercise (You Should Read This)
August 21 11:09 2020

Have you used the Paragard Copper T IUD (Intrauterine Device) or Paragard T 380A as it is formally known? If so, has it fractured inside the uterine cavity? And have you had, or are you about to have major surgery to remove the bits of copper left behind in your body?

If you have answered yes to two or more of these questions, then you should consult the firm of attorneys who are managing the US country-wide Paragard lawsuit for more information. Some US states have a deadline of between one and two years to file a medical malpractice claim against the IUD’s manufacturers.

In the meantime, let’s look at the difference between a class action lawsuit and multidistrict litigation. This lawsuit is not a class action lawsuit; it is a multidistrict litigation exercise.

What is a class action lawsuit?

The balancesmb.com defines a class action lawsuit as “legal action filed by more than one individual against a single defendant.”

An attorney files a single claim against an individual defendant on behalf of many plaintiffs. In summary, the plaintiffs have the financial resources to band together and hire an attorney to file legal action as a group.

One of the most significant benefits of a class action claim is that they relieve the courts of the burden of hearing a large number of small claims against the same defendant. The group action also has advantages for the group of plaintiffs because they might not have the resources to file an individual claim each. By pooling their finances, they can afford to approach an attorney to fight for the legal redress they believe they are due.

What is multidistrict litigation?

Multidistrict litigation is defined as follows:

In the United States, multidistrict litigation (MDL) refers to a special federal legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits.”

Practically speaking, this litigation exercise takes all the individual lawsuits against the same defendant filed in federal civil courts across the USA and combines and consolidates them so that they are heard in a single federal court.

The MDL was created by the US Congress to save time and money and make sure that similar lawsuits all have the same outcome. An MDL usually contains large numbers of individual claims. It can contain thousands of similar lawsuits or class actions.

The essence of the MDL is that it ensures the same outcome for all the plaintiffs who have suffered similar harm caused by product negligence, as in the Paragard T 380A structural weaknesses.

Final thoughts

As highlighted above, if you have suffered through a Copper T that has fractured while inside your uterine cavity, then it is essential to consult an attorney before the statute of limitations for this lawsuit runs out. Otherwise, you will not be able to claim medical costs, loss of income, and pain and suffering from the Paragard Copper T’s manufacturers.

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