Even with over 2 million Mirena users, the FDA has received well over 45,000 reports of adverse events from women who use Mirena IUDs. Over 5,000 reports involve dislocation of the device, and about 1,500 involve movement of the device. This can be dangerous because the Mirena IUD has been linked to perforation injuries—it can puncture the uterus, causing severe and permanent injuries. A puncture wound may require surgery, or even a hysterectomy. The result? Lawsuits are increasingly mounting against Bayer.
Other possible Mirena problems include:
- ectopic pregnancy (a pregnancy where the baby develops in the fallopian tube instead of the womb)
- pelvic pain
- irregular bleeding
Where to file your Mirena Injury Lawsuit
Most Mirena lawsuits, about 16, are filed because of perforation and puncture injuries. The bulk of Mirena injury lawsuits are filed in New Jersey state courts. The manufacturer recently lost its motion to consolidate those cases into one central New Jersey court. Instead, those cases will continue on in their respective counties. One lawsuit in these cases is set for trial as early as May, 2013. However, a petition was recently filed to consolidate all federal Mirena lawsuits into a type of class action known as multidistrict litigation (MDL). The request was made by a Mirena user, who is asking that the cases be sent to an Ohio court for centralization. Bayer, the Mirena manufacturer, filed an opposition to the request on February 7 They prefer to keep these cases separate, which will be more costly and time-consuming for injured Mirena users. Inexplicably, they claim that an MDL would attract “marginal” claims. That type of argument is not likely to resonate with the judges who decide whether an MDL should be formed—it essentially saying that MDLs should be avoided because “fake” claims will be filed. Also, it is disingenuous, given Bayer’s position in the New Jersey litigation (which asks for consolidation).
A hearing will be held on March 21, 2013 in San Diego for judges to hear from both sides about the merits of consolidation. A decision will likely follow a couple of months later. The case reference is MDL No. 2434, In Re: Mirena IUD Products Liability Litigation
There aren’t many federally filed cases yet (about 8), but they are increasing. We believe that consolidation is likely, and most claims will be filed in the federal courts.
What is an MDL?
An MDL (multidistrict litigation) is a consolidation of similar cases. Unlike a class action, each of the lawsuits in an MDL is individually filed. They are sent from their home federal court to one central federal court, where a judge will oversee pretrial proceedings like discovery and initial motions. In many cases, the parties will agree to have some test trials (called bellwether trials) in the central court. Those trials often form the basis for settlement. Cases that do not settle will be sent back to their home courts for eventual trial. target=”_blank”>click here.
If you or a loved one used Mirena and had any complications, including unintended pregnancy, uterine punctures, inflammation, surgical removal, Pelvic Inflammatory Disease (PID), abdominal pain or cancer, contact our product liability lawyers at 1.800.553.8082, or fill out our online contact form.