Mirena Lawsuits Continue to Move Forward

February 11, 2013

1216424_supreme_court_new_york.jpgLawsuits continue to crop up throughout the United States, as women claim Mirena manufacturer Bayer did not adequately provide warnings about the serious health risks associated with the device. Mirena IUD lawyers at Pintas & Mullins are still evaluating potential Mirena claims.

The first Mirena case was filed in 2009, although it and all subsequent cases remain pending in state and federal courts. At least 16 cases have been filed in New Jersey state court alone, which Bayer attempted to centralize due to the common and recurrent issues in each case. One of the earliest cases filed in Federal court is currently set for a late spring or early summer 2013 trial date.

In January, the New Jersey Supreme Court denied Bayer's application for class-action consolidation. Since that time, Mirena plaintiffs filed a petition requesting that their cases be consolidated into a federal multi-district litigation court in Ohio. The petition was drafted in anticipation of hundreds more perforation lawsuits. The FDA has received more than 45,000 adverse event reports of women suffering severe complications from Mirena, so it is likely the number of lawsuits will mount considerably in the ensuing months.

The common and recurrent issues cited by Bayer include an array of serious and life-altering side effects. In 2008, Mirena was approved for use to combat heavy menstrual periods. The possibility that Mirena will expel from the uterus, however, is significantly increased if the woman has a history of heavy or prolonged periods. This is not only counterintuitive, but dangerous as well, and many women using Mirena are wholly unaware of the risks they are taking.

About two million women in the United States use Mirena, trusting that the device will work as promised, safely in their body. This is not often the case, and women throughout the United States are coming forward to expose the harmful and defective reality of the IUD. Many women have been forced to undergo complete hysterectomies, rendering them infertile for the rest of their lives. Others have suffered an ectopic pregnancy, which is a pregnancy that occurs outside the womb. These cases are potentially life-threatening as well as extremely traumatic, as the pregnancy must be terminated through a painful procedure.

One woman in Arizona filed at lawsuit claiming that the device spontaneously migrated into her pelvic region a full three years after it was inserted. The woman did not experience any pain or complications in 2008 when it was initially implanted. It was not until 2011, during a routine doctor's visit, that it was discovered the Mirena had perforated her uterus and traveled into her pelvic region. The woman suffered extensive damage to her uterus, and severe and permanent injuries to her pelvic region. In her lawsuit, she is arguing that Bayer negligently failed to warn her about the possibility of spontaneous migration.

The most recent lawsuit filed is by a woman in Pennsylvania, who is claiming that Bayer introduced a product that was dangerous and unsafe, and that Mirena's risks far outweigh the benefits. The woman was forced to undergo surgery to remove Mirena after experiencing severe complications.

Surprisingly, even as lawsuit numbers grow, Bayer is expected to release another type of IUD device very soon. The FDA approved the new device, Skyla, in Januray, making it the first IUD the FDA has approved in more than a decade. Skyla has a smaller frame than Mirena, and, reportedly will be less likely to completely stop periods. The new device is intended for three year's use, compared to Mirena's five. Its side effects are similar to Mirena, including risks of bleeding, inflammation and infection, and ovarian cysts, so it will be interesting to see if any catastrophic injuries result from Skyla as they have with Mirena.

Despite mounting lawsuits and reports of adverse reactions, Mirena has not yet been recalled. Mirena IUD lawyers at Pintas & Mullins will continue to rigorously defend victims of defective drugs and products, and report on all Mirena lawsuits and settlements.