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Our team of attorneys are now investigating claims and prepared to file Mirena lawsuitsinvolving the intrauterine contraceptive device Mirena®. Manufactured by Bayer Healthcare Pharmaceuticals, Inc., Mirena is an IUD device [intrauterine device] that must be inserted by a trained health care provider and is intended to provide contraceptive protection for up to five years. Some women have experienced serious adverse side-effects and potentially life-threatening complications following the implantation of theMirena device, including perforation of or imbedment in the uterus.
Mississippi Woman Files Mirena Injury Lawsuit
As attorneys that are representing women who received the Mirena device which resulted in unnecessary surgery, we wanted to advise that a Mississippi Federal Judge has allowed a Mirena plaintiff to proceed ahead with fraud and warning defect claims against Behr Healthcare and Pharmaceuticals, Inc. that they are not time barred and were sufficiently pled under the Mississippi Products Liability Act. The key holding in this case is that Judge Starnett noted that a cause of action accrues “when the plaintiff can reasonably be held to have knowledge of the injury or disease.” According to all evidence in the case, all Ms. Austin knew on March 4, 2010 was that she had had abdominal pain. She could not therefore have reasonably been held to have knowledge of her injuries at the time. This is a key and fair holding in light of the fact that plaintiffs do not have knowledge of the specific defects in medical devices when they are experiencing potential complications. It allows the patient to first worry about healing him or herself and waiting until additional information is received that proves there was an actual defect and/or problem with the device in question.
The same federal judge also allowed Ms. Austin’s claims brought under the Mississippi products liability acts, which are subject to a three year statute of limitations. He observed that a products liability action accrues when the plaintiff discovers or by reasonable diligence should have discovered. Accordingly, the claims of negligent misrepresentation, negligent infliction of emotional distress, strict liability and breach of warranty survive a motion to dismiss. The only claim that was dismissed, however, was a claim for fraud based upon a three year statute of limitation which accrues upon completion of a sale induced by a fraudulent or false misrepresentation. Because she received the device on October 22, 2009, the complaint must have been filed within three years of that date.
The judge held that sufficient facts were pled in regard to the Mississippi Product Liability Act because Ms. Austin alleged that the Mirena was defective because it did not include a sufficient warning that it may increase the risks of cysts, abdominal pain, and menstrual disorders, all conditions that she experienced. Ms. Austin alleged that using the Mirena caused her to suffer these conditions and that if the device had warned of those side effects, her physician would not have prescribed it. The court held that plaintiff failed to state a claim for failure to warn of side effects which plaintiff did not suffer such as perforation, migration, or unwarranted pregnancies. If a plaintiff does not suffer from those conditions, a failure to warn did not cause any injury and therefore dismissal was appropriate.
If you experienced adverse Mirena side effects, required surgery or have a loved one who suffered death following the implantation of Mirena, you may have a potential Mirena lawsuit.
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NOTE: Our team of attorneys will review potential cases for all fifty states, including Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin and Wyoming.