New Judge to Preside over NJ Mirena IUD Litigation

The Mirena IUD multicounty litigation in Bergen County, New Jersey will be taken over by Judge Rachelle Harz, court documents indicate. Up until now, Judge Brian Martinotti has been presiding. Judge Harz will take over for Martinotti as he assumes a new position in Federal Court. Plaintiffs in the Mirena IUD litigation allege that the birth control device caused injuries by migrating from its original location in the uterus, sometimes becoming embedded elsewhere.

The next upcoming conference call with Judge Harz will take place on August 3rd at 11 am. The case is In Re: Mirena Litigation, Case No. 297 in the Superior Court of New Jersey Law Division: Bergen County.

Bayer received approval for Mirena IUD in 2000. The small, t-shaped device is placed in the uterus, where it releases hormones to prevent pregnancy. Lawsuits filed over Mirena allege that the IUD migrates from its original location and perforates the uterine wall. Plaintiffs allege Bayer failed to warn about the risk, and improperly marketed Mirena.

In 2009, the U.S. Food and Drug Administration (FDA) reported that the most serious complications associated with the device include perforation of the uterine wall, embedment of the device in the uterine wall, intrauterine pregnancy, ectopic pregnancy, group A streptococcal sepsis and pelvic inflammatory disease (PID).

The number of Mirena lawsuits has grown in recent years. In addition to the Bergen County litigation, there is a multidistrict litigation underway in New York. Parker Waichman has served a leadership role in both litigations. Raymond C. Silverman, partner at Parker Waichman, has been appointed Co-Lead Counsel in the multicounty litigation centralized in Bergen and Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, has been appointed Co-Lead Counsel in the MDL.

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