A Colorado woman who claims she was seriously injured by a Bayer Mirena intrauterine device (IUD) that perforated her uterus has filed a lawsuit against Bayer Healthcare Pharmaceuticals.
As described in the complaint, the plaintiff had a Mirena IUD inserted in July 2010. In June 2011, she returned to her doctor’s office complaining of pain and that month she underwent a hysteroscopy with laparoscopy to remove the IUD. The doctors found the Mirena had perforated her peritoneum. The lawsuit is seeking compensation for severe and permanent physical injuries, substantial pain and suffering, and economic loss due to medical expenses and lost wages. The lawsuit alleges that Bayer knew that the Mirena IUD was defective but failed to warn of the risks.
The lawsuit alleges that Bayer has a history of misrepresenting Mirena. In 2009, the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) warned the company about making unsubstantiated claims about the device while failing to mention its risks in its “Simple Style” marketing program. The department criticized the company for a number of statements, including the assertion that Mirena helps women “look and feel great.”
The Mirena IUD, while in the uterus, is designed to prevent pregnancy for up to five years by releasing the hormone levonorgestrel. According to an October 2009 U.S. Food and Drug Administration (FDA) press release, serious side effects have been associated with the Mirena IUD including perforation of the uterine wall; embedment of the device in the uterine wall; intrauterine pregnancy; ectopic pregnancy; streptococcal infection; and pelvic inflammatory disease (PID).
Parker Waichman LLP filed the lawsuit on the plaintiff’s behalf on June 3, 2013 in the Superior Court of New Jersey Law Division, Morris County (Case No. BER L-04044-13).