Mirena MDL – Memphis Trial Attorneys

May 17, 2016

Mirena MDL Update: Bayer Seeks Dismissal of “Time-Barred” Mirena Lawsuit of Georgia Woman

Defendant Bayer has sought dismissal of all “time-barred” lawsuits part of the Mirena MDL. An update posted about the New York Mirena MDL on various legal webcasts claims that the latest petition by the IUD manufacturer came after a recent Mirena lawsuit reportedly filed two years after the injury was first reported. More than 2,500 Mirena injury claims have been filed across the United States. All federal cases are centralized under Judge Cathy Seibel of New York while Bergen County Superior Court Judge Brian R. Martinott heads the New Jersey Mirena IUD MDL comprising about 1,200 Mirena lawsuits.

Shelby Comtois sued Bayer in August 2013 claiming that she suffered from complications, including perforation of internal organs due to Mirena IUD migration, and was forced to have the removal surgery. Originally filed in a state court, the lawsuit now a part of the New York Mirena MDL alleges breach of warranty and fraud by the manufacturer of the IUD. Comtois’s husband has also been a party to the claim against Bayer seeking compensation for the loss of consortium.

In a letter addressed to Judge Seibel, Bayer argues that the Mirena lawsuit claim was time-barred. According to Georgia’s statute of limitations, one has a time limit of two years from the date of discovery of injury to make a product liability claim. Comtois took four years to file the claim. She underwent removal surgery in 2009. The defendant point out that surgical removal is an indication that she was aware of the link between the IUD and injuries by then and wants the dismissal of the claim under Georgia’s discovery rule.

In January, the court dismissed 31 lawsuits from the Mirena MDL for overstepping their respective state statute of limitations. Twelve of these claims were from Louisiana while 17 were filed by women from California. Bayer claims that at least a fifth of all claims centralized in New York are time-barred.

Court Rejects Bayer’s Pleading, Uphold Lawsuit

In August, Judge Seibel dismissed a petition by Bayer to reject a claim filed in Missouri. It claimed that an identical claim filed by her was rejected in California earlier. Ashley Brown, originally from North Carolina, found the Mirean IUD “overlying the pelvis and embedded with omentum” following a medical examination necessitated by pain two year after she went for the implant. She sued Bayer in August 2013 along with 92 others. The plaintiff too was a party to another litigation filed in June 2014 in a California court.

In February, the court rejected the California claim of Brown along with others. Bayer has urged the judge to reject her Missouri Mirena lawsuit citing the principle of res judicata or “claim preclusion for a matter already judged.” The plaintiff defended her dual filing as inadvertent citing that she engaged two Mirena attorneys and both her claims were “timely” under the North Carolina statute of limitations.

The MDL judge upheld her Missouri Mirena lawsuit citing non-application res judicata principle saying that the earlier action has no effect on the present claim, as the merits of two suits differ. Earlier a Kentucky court dismissed a Bayer plea to reject a claim and ruled in favor of the plaintiff.

If you have or any of your relatives has experienced IUD birth control side effects, including migration and perforations, contact our Mirena injury lawyer or call on 1-800-632-1404 to explore options to get financial compensation for physical suffering, trauma, economic losses, and non-economic damages.

October 21, 2015

Mirena Uterus Perforation Claims Dominate MDL Proceeding

A large number of Mirena lawsuits filed against Bayer claim serious injuries, including Mirena uterus perforation, associated with the IUD migration. The product labeling only informs of the minuscule risk of potential “uterine perforation at the time of insertion.” However, post-marketing surveys and product liability litigations confirm that the problem is much more common and Mirena uterus perforation takes place months or even years after the IUD implanted. Design defect in the T-shaped plastic intrauterine birth control device facilitates its displacement from the inserted site and migration, a subject of rampant complaint, resulting in complete or partial uterus damage, surgeries, adhesion, scarring, infertility, and harm to internal organs.

Mirena Uterus Perforation claims

Of about 1,200 Mirena lawsuits consolidated under the federal MDL rules at a New York southern district court and over 2,000 under the New Jersey state MCL centralization, the highest number of claims are linked to IUD migration and perforation. Women injured by the device migration highlight that the IUD spontaneously dislodge, moves through uterine organs, and gets embedded in the pelvic cavity leading to pain, injuries, and surgical removal. Reproductive organs, such uterus and fallopian tube, due to their proximity, are injured, sometimes beyond repair, as the IUD gets struck in or perforate them. At least 2,000 women were forced to remove the damaged uterus as the device perforated them beyond the repair while more than double of that number were advised against pregnancy, as the uterus is injured significantly by the migrating Mirena.

More than two-dozen Californian women filed a lawsuit in 2014 claiming that they had uterus removal surgery following Mirena perforation. Lawsuits seek manufacturer’s liability for manufacturing defect and “marketing the IUD without sufficiently warning of potential risks and complications.”

Mirena perforation forced hundreds of women to opt for surgical removal of the IUD and undergo additional surgeries, including hysterectomy, appendectomy, and pelvic surgery. There are instances where women have been surgically induced menopause following vaginal hemorrhage caused by Mirena perforation. The Society of Laparoendoscopic Surgeons has acknowledged the problem and informed its members about the effects.

Second Mirena MDL Bellwether Trial

Mirena MDL Judge Cathy Seibel has selected five lawsuits in July to have a second round of bellwether trial. The submission of case specific reports this set of claims is expected to over by February 2016. Judge Siebel may decide on the trial date within a month. The MDL was established in April 2013 to cater to the surge in Mirena injury litigations. In August 2014, the Initial Disposition Pool was created with 12 litigations. The first Mirena bellwether trial involving six lawsuits is set for March 7, 2016. Court Judge Brian Matinotti heading the New Jersey Mirena MCL has also in the disposition pool and set in place the motion selection for the second bellwether trial.

Bellwether trials are expected to guide lawyers and claimants on potential evidence, defendant disposition, and juror response to accusations in the Mirena mass litigation. Potential decisions against Bayer may trigger settlement negotiations with plaintiffs.

Kentucky Court Accepts Strict Liability, Misrepresentation Claim

An August 7 order issued by a Kentucky federal court allowed the strict liability and negligent misrepresentation claim of a woman injured by Mirena IUD. The plaintiff had severe headaches and vision loss within six months of using the contraceptive device. She also had permanent injuries associated with the IUD side effects.

The court ruled that “an injured party can advance both a strict-liability claim and a negligence claim against the manufacturer of a product for injury suffered by that product because the strict liability claim focuses on the condition of the product, while the negligence action addresses the manufacturer’s duties to end-users.”

If you have or any of your relatives has experienced IUD injuries, including uterus perforation, contact our Mirena injury lawyer or call on 1-800-632-1404 to explore options to get financial compensation for physical suffering, trauma, economic losses, and non-economic damages.

June 25, 2014

Mirena Lawsuits Continue To Grow, Motion for New Brain Injury MDL Filed

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With over 2,000 Mirena lawsuits seeking product liability and thousands other potential litigations under consideration, manufacturer Bayer Healthcare is set to face one of its biggest legal fights in the United States. The mounting number of Mirena lawsuits is sure to create more troubles for the drug maker already feeling the pinch of 12,000 product liability lawsuits filed over side effects of its Yaz, Yasmin and other oral contraceptives. The T-shaped contraceptive with a polyethylene frame is no more a popular pregnancy preventative and is being reported by consumers for causing about 50,000 adverse events in the last five years.

Mirena Lawsuit Federal MDL

At least 1,810 Mirena lawsuits were filed by the first week of April 2014, and the number is expected to go up as thousands of women are consulting lawyers on “personal injuries stemming from the intrauterine device,” according to the latest stockholder’s report of Bayer Pharmaceuticals. There are two pretrial multidistrict litigation consolidations established at federal and state levels for Mirena migration, perforation, internal injury, and other side effect claims. A new request has been filed recently seeking an exclusive federal MDL for Mirena brain injury lawsuits.

About a thousand Mirena lawsuits are centralized under the federal judicial system at a New York southern district court. A majority of these Mirena lawsuits seek product liability on the ground that the defective design of the birth control IUD allows it to displace and migrate causing internal perforations and injuries. Judge Cathy Seibel presides over the pretrial proceedings and 24 litigations are earmarked to form “Initial Disposition Pool.” Twelve of these will go for bellwether trial in the second half of 2015.

Mirena Lawsuit New Jersey MDL

Judge Brian R. Martinotti of New Jersey presides over more than 850 Mirena lawsuits filed in the state. Montville of New Jersey is home to the US headquarters of Bayer Healthcare, and this led to the filing of many Mirena lawsuits against the company in the state courts. The state MDL panel selected the Bergen County Superior Court judge to centralize all litigations filed across the state and ensure coordinated discovery as well as convenience in proceedings. Sixteen Mirena lawsuits have been selected as part of the “Initial Disposition Pool.”

Mirena Lawsuits: Major IUD Side Effects

Device displacement and failure to check pregnancy
Mirena migration and internal injuries
Uterus perforation and hysterectomy
Post-use pregnancy disorders and miscarriages
Ectopic pregnancy
Ovarian cysts
Pelvic inflammatory diseases and streptococcal sepsis
Non-stroke neurological disorder
Vaginal and genitourinary infections

Mirena Lawsuits: New MDL Sought Over Brain Injury

On May 27, 2014, the Judicial Panel on Multidistrict Litigation was approached by nine plaintiffs seeking a second Mirena lawsuit MDL. The separate consolidation was sought for Mirena lawsuits filed for brain injury side effects. Idiopathic intracranial hypertension (IIH) is a neurological disorder attributed to enhanced intracranial pressure inside the skull. When the cerebrospinal fluid level shot up due to levonorgestrel released by Mirena IUD, users suffer from pain in the brain, inflammation of the optical disk, migraine, and vision disorder. About a dozen of such litigations are filed by women who experienced IIH while using Mirena IUD and at least 60 more such litigations are expected soon.

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. Please also visit our Mirena Lawsuit Information Source.

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