Martha Garcia v. Teva Womens Health, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
This is a product liability and negligence case concerning the ParaGard Intrauterine medical device (“ParaGard IUD”). See generally Compl., ECF No. 1-2. Plaintiff alleges that she was implanted with the ParaGard IUD and, upon removal of the ParaGard IUD, a portion of the product broke and injured Plaintiff. 4] 54, 57, 58, 61, 62. Plaintiff brings causes of action for negligence, strict liability design
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defects, strict liability manufacturing defects, strict liability failure to warn, common law fraud, negligent misrepresentation, breach of express warranty, breach of implied warranty, and violations of consumer protection laws. See Compl. ¶¶ 76- 209. Plaintiff brings these claims against The Cooper Companies, Inc., Teva Womens Health, Inc., Teva Pharmaceuticals USA, Inc., CooperSurgical, Inc., and Teva Womens Health, LLC (“Defendants”) on the basis that “the Teva defendants fraudulently conveyed its assets during the process of selling ParaGard to the Cooper Defendants to avoid claims and liabilities associated with the ParaGard, and…