Mirena lawsuits accuse Bayer Pharmaceuticals of hiding side effects and making a defective intrauterine uterine device (IUD). Women blame the birth control device for organ perforation and ectopic pregnancy. Mirena lawsuits also say the device moved around in the body (migration) and caused pressure buildup in the skull (pseudotumor cerebri).
*UPDATE: In July 2018, there were about 2,400 active Mirena lawsuits in New York and New Jersey. In April 2018, Bayer reported it reached a settlement in about 4,100 Mirena organ perforation lawsuits.
Thousands of women nationwide sued Bayer Pharmaceuticals over Mirena. The first Mirena lawsuits claimed the birth control device perforated organs, caused ectopic pregnancy and migrated out of the uterus.
More recent lawsuits blame Mirena for pressure buildup in the skull called pseudotumor cerebri or intracranial hypertension.
The lawsuits accuse the company of selling a dangerous product. They also claim the company used deceptive advertising. They say Bayer hid the risk of complications.
Women reported problems with the device to the U.S. Food and Drug Administration. Still, there has not been a Mirena recall.
Mirena lawsuits are grouped into two federal multidistrict litigations (MDLs). Both are in the Southern District of New York and are still ongoing. There is also an active multicounty litigation in New Jersey.
The first New York MDL is 2434. These lawsuits claimed Mirena migration and organ perforation. The judge dismissed 1,230 of these cases in 2016. Lawyers for the plaintiffs appealed the dismissal. The U.S. Court of Appeals for the Second Circuit affirmed the dismissal in October 2017. Only three lawsuits remained pending as of June 2018.
The second New York MDL is 2767. There were 593 lawsuits were pending in this MDL as of July 2018. These lawsuits blame Mirena for pressure buildup in the skull. The medical community calls the injury pseudotumor cerebri or intracranial hypertension.
Mirena lawsuits in New Jersey say the device moved out of place and caused injuries. The court consolidated these cases in multicounty litigation in New Jersey Superior Court Bergen County. As of July 2018, there were more than 1,800 active cases.
The main Mirena side effects claimed in lawsuits are organ perforation, ectopic pregnancy, device migration and psuedotumor cerebri.
Early Mirena lawsuits claimed the IUD perforated their organs. This is when the device pokes a hole through an organ, such as the uterus. Organ damage can occur during Mirena insertion or any time after.
Other women filed lawsuits after the device migrated outside the uterus. In cases where the IUD migrates, women likely need to have Mirena removed.
Still, other women blamed Mirena for ectopic pregnancy. This is when there’s a fertilized egg outside the uterus. It can threaten the mother’s life.
The newest group of Mirena lawsuits claims Mirena caused pseudotumor cerebri. This term means “false brain tumor.” This condition is also known as intracranial hypertension. Symptoms of intracranial hypertension mimic a brain tumor.
Women who filed Mirena lawsuits accuse Bayer of knowingly harming them. They say Mirena’s label didn’t warn the them about serious complications. They want compensation for medical expenses, lost wages, and pain and suffering.
The first thing women who want to file a Mirena lawsuit should do is contact an attorney. Lawyers can help determine if there is a case depending on the injuries suffered.
For these types of cases, there is no fee for a consultation. If the attorney determines he or she will take the case, the client can choose to hire the attorney and sign a retainer agreement.
Then, the attorney files a complaint with the proper court.
Desaree Nicole Lee Johnson filed a suit against Bayer after her device moved and cut into her uterus. She had surgery to remove it. Later, she became pregnant, but it ended in a miscarriage.
Johnson may now be infertile. She accused Bayer of knowingly releasing a defective and unsafe product.
Melody Williams accused Bayer of negligence and fraud. She also claimed the company failed to warn consumers of dangerous Mirena side effects. Williams experienced abdominal cramping and pain less than a year after receiving Mirena.
The first attempt to remove the device was unsuccessful. During a second surgery, doctors found that the device had “migrated through the opening of the plaintiff’s right fallopian tube.” Williams suffered from pain, infection and had to undergo many procedures.
She accused Bayer of “[willful] and reckless disregard for the public safety.”
Katrina Everett-Carey filed suit against Bayer after doctors diagnosed her with pseudotumor cerebri. Shortly after receiving Mirena, she experienced blurred vision and intense headaches. Her diagnosis came about a year after she began using Mirena.
“Defendants failed to adequately and properly test the Mirena both before and after placing it on the market,” the lawsuit said.
A personal injury or product liability attorney can determine the time limit for each individual case. This is called statute of limitations. The time limit varies by state.
In some cases, the clock starts ticking from the moment the plaintiff knew Mirena injured them.
On average, the time limit to file a lawsuit is two to three years. But, some states like California or Tennessee may only give plaintiffs one year to file a lawsuit.
As of July 2018, Bayer had only offered one publicly disclosed settlement.
In August 2017, the drug giant offered $12.2 million to settle 4,100 organ perforation cases.
The Master Settlement Agreement was drafted in April 2018. About 98 percent of plaintiffs must opt into the settlement in order for Bayer to pay out the money.
There are currently no Mirena class actions pending in the U.S.
Instead, judges grouped federal Mirena lawsuits into two consolidated cases in New York. The courts call these multidistrict litigations (MDLs).
In January 2018, Bayer reported that five Canadian lawsuits applied for class action status.
Please seek the advice of a medical professional before making health care decisions.
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