Lawsuit Alleges Mirena IUD Perforated Kentucky Woman’s Uterus

mirena_perforation_kentuckyAnother Mirena IUD lawsuit has been filed over alleged injuries. In this case, a Kentucky woman has alleged serious Mirena injuries.

According to the complaint, the woman was implanted with the Mirena intrauterine device (IUD) in April 2011. In May 2012, she went to her doctor’s office for a follow-up examination. At that time, her physician was not able to locate the IUD’s strings and ordered an X-ray. The X-ray revealed that the Mirena IUD had migrated outside of the woman’s uterus.

That month, the woman underwent a diagnostic laparoscopy to have the IUD removed. The Mirena IUD was found with the fimbriated end adhering to the right fallopian tube.

The woman is suing 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, the maker of the Mirena, knew that the Mirena IUD was defective but had failed to warn of the risks.

The lawsuit also alleges that Bayer has a history of misrepresenting Mirena. In 2009, Bayer was contacted by the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) for making unsubstantiated claims about the Mirena IUD, while also failing to mention its risks in the company’s “Simple Style” program.

Bayer’s Mirena IUD is designed to prevent pregnancy for up to five years. The device is small, plastic, and attached to two strings. Once placed inside the uterus by a healthcare professional, the Mirena IUD releases the hormone levonorgestrel.

According to the U.S. Food and Drug Administration (FDA), the most serious side effects associated with the Mirena IUD include:

  • Perforation of the uterine wall
  • Embedment of the device in the uterine wall
  • Intrauterine pregnancy
  • Ectopic pregnancy
  • Group A streptococcal sepsis
  • Pelvic inflammatory disease (PID)

The Supreme Court of New Jersey recently reconsidered its previous decision and has moved to centralize Mirena IUD lawsuits in Bergen County, where Superior Court Judge Brian R. Martinotti will manage them. Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, co-chairs the American Association for Justice (AAJ) Mirena IUD Litigation Group, which is actively involved in exchanging educational materials and medical literature so that victims can be best represented. Mr. McCauley has also been appointed Co-Lead Counsel in the Mirena IUD multidistrict litigation centralized in the Southern District of New York.

This lawsuit was filed by Parker Waichman LLP on April 16, 2013 in the Superior Court of New Jersey Law Division, Morris County (Civil Action No.L1039-13). Bayer Healthcare Pharmaceuticals was named as the defendant.

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