7th Cir. Upholds Award of Summary Judgment to Teva in ParaGard IUD Action

CHICAGO — A federal appeals court has upheld a summary judgment award to Teva North America in an action involving the ParaGard intrauterine contraceptive device, ruling that the plaintiff’s failure to produce expert testimony as to the cause of the device’s breakage defeats her claims.

On June 4, the 7th Circuit U.S. Court of Appeals explained that the Indiana Products Liability Act requires expert testimony in the case because the issue “is not within the understanding of a lay person.”

Cheryl Dalton alleged she suffered pain, discomfort, and excessive bleeding a few years after being implanted with Teva’s ParaGard T …