Parker Waichman LLP Reports on Petition Filed on Consolidation of Mirena® IUD Lawsuits into MDL

Parker Waichman LLP just reported that a petition has been filed for a Mirena® multidistrict litigation (MDL). The case is In Re: Mirena IUD Product Liability Litigation, Case No. 1:12-CV-2780.

An MDL is created when complex litigation involving a number of lawsuits contains common questions of fact. By centralizing the lawsuits in one court before one judge, pre-trial proceedings will be more efficient and duplicate findings will be avoided. In this case, Mirena® IUD lawsuits allege that the IUD is defective and can spontaneously migrate outside of the uterus, causing injuries.

The plaintiffs’ attorneys have filed a motion to transfer the cases to the U.S. District Court for the Northern District of Ohio, Eastern Division, before the Honorable Patricia A. Gaughan.

Bayer’s Mirena® intrauterine device (IUD) is a contraceptive that is placed inside the uterus by a healthcare professional and that can remain in the body for up to five years. Approved by the U.S. Food & Drug Administration (FDA), the hormonal IUD slowly releases the hormone levonorgestrel while implanted. According to the FDA, the most serious adverse events associated with the device since its time on the market include:

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

 

In 2009, Bayer was reprimanded by the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) for overstating the benefits—and neglecting to mention the risks—of Mirena® in the company’s “Simple Style” program.

According to the American Association for Justice (AAJ) – Mirena® IUD Litigation Group, surgery required to remove the Mirena® when it perforates and migrates outside the uterus can lead to a number of injuries, including organ damage, adhesions, and infections. Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, co-chairs the Group.

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