Bayer’s Mirena intrauterine device (IUD) is the subject of a number of lawsuits alleging that the hormonal contraceptive caused injuries. Specifically, many plaintiffs allege that the hormonal IUD migrated from its original position and perforated the uterine wall. Bayer Healthcare Pharmaceuticals is accused of failing to warn about the risks. Litigation over injuries allegedly caused by the Mirena IUD appears to be moving forward. More than 1,000 cases have been filed into the multicounty litigation organized in New Jersey. In March, the court ordered the parties to each select seven cases for potential inclusion in the Second Disposition Pool.
According to the court order, case-specific discovery in the Second Disposition Pool must be completed by February 18, 2016. Both parties must select four of the Second Disposition Pool cases for trial by March 4, 2016. Each party is allowed two vetoes of the other party’s choice, and must inform the Court of these vetoes by March 11, 2016. The parties must conduct depositions of all experts for the selected cases, between June 15, 2016 and September 15, 2016, according to the order. The Court will set brief schedules for dispositive motions and Kemp motions, as well as a trial schedule for the Second Disposition Pool Trial cases by August 15, 2016.
In addition to the multicounty litigation centralized in New Jersey, Mirena lawsuits have also been consolidated into a federal multidistrict litigation (MDL) in the U.S. District Court for the Southern District of New York. This litigation also appears to be proceeding. A court order issued in March directs both parties to select five cases for potential inclusion in the Second Disposition Pool. An additional five cases will be randomly selected from those that have been filed, resulting in a total of 15 cases selected as eligible for the second trial.
Parker Waichman LLP represents numerous women in the Mirena IUD litigation. The firm has held a leadership role in both the multicounty litigation and the federal MDL. Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, has been appointed Co-Lead Counsel in the MDL and Raymond C. Silverman, a partner at Parker Waichman, has been appointed Co-Lead Counsel in the multicounty litigation. Due to its national reputation for handling personal injury cases involving drugs injuries, Parker Waichman has also long provided guidance to other law firms, which routinely contact Parker Waichman seeking assistance on these types of cases. If you or someone you know wants more information about filing a Mirena IUD lawsuit, contact Parker Waichman LLP today.
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In addition to uterine perforation, the lawsuits allege that Mirena caused severe pain and migrated to other parts of the body. Some women, for instance, allege that the device migrated and adhered to a fallopian tube. In these cases, laparoscopic surgery is often needed to remove Mirena.
The U.S. Food and Drug Administration (FDA) approved Mirena in 2000. The small, t-shaped plastic device is attached to two strings and placed inside the uterus by a healthcare professional. Mirena prevents pregnancy by releasing the hormone levonorgestrel; it is intended to be effective for up to five years. In 2009, the FDA indicated that the most serious side effects associated with Mirena 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)
Some lawsuits point out that Bayer has been reprimanded for misrepresenting Mirena in the past. In 2009, the Department of Health and Human Services’ Division of Drug Marketing, Advertising and Communications (DDMAC) reprimanded Bayer for making unsubstantiated claims about Mirena in the company’s “Simple Style” program. The agency also stated that Bayer failed to mention the risks associated with the IUD.
In 2013, NewsChannel5 reported that there have been 70,072 complaints about Mirena since 2000. According to the investigative report, since 2008 “device dislocation” was mentioned in 4,775 complaints and 1,322 women reported uterine perforations.
Parker Waichman LLP remains actively involved in the Mirena IUD litigation and continues to offer free legal consultations to individuals who suffered injuries related to the device. If you or a loved one has questions about your legal rights, contact our firm today.
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