Bloomberg Law
Feb. 26, 2018, 8:22 PM UTC

Teva Must Face Suit Over Broken IUD

Julie Steinberg

Teva Pharmaceuticals U.S.A. Inc. must face a woman’s suit alleging it inadequately warned that its ParaGard intrauterine contraceptive device could break during removal.

Stephanie Ideus alleged enough facts to defeat Teva’s argument that federal drug labeling law preempts her claims, the U.S. District Court for the District of Nebraska said.

The IUD is a combination product that was approved as a drug.

The ruling illustrates the evolution of courts’ preemption analysis in prescription drug cases.

Ideus had the ParaGard placed in 2010. When doctors attempted removal in 2014, part of the IUD broke off and embedded in her uterus, necessitating ...

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