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.

September 15, 2015

Mirena Perforation Lawsuit: Things You Must Know

Mirena Attorney — Do you have a potential Mirena lawsuit claim?

Mirena perforation claims account for a majority of 2,000 lawsuits filed over injuries caused by the birth control IUD. Of more than 70,000 Mirena adverse event reports, at least 40 percent are related to migration, perforation, and surgical removal of the T-shaped plastic contraceptive device. In the last six years, there were over 4,500 injuries related to Mirena perforation. At least 2,000 women had to undergo surgery to remove or repair their uterus damaged by the IUD.

The Background

Mirena perforation is attributed to the design defect of the birth control device. The T-shaped intrauterine device is found to be displaced and drifted away into other areas without any intervention. This Mirena migration carries the potential risk of injuries to internal organs, most notably the uterine and pelvic organs. It was found that often IUD users were unaware of its migration until injuries or complications develop.

The uterus, being the closet to the place of implant, is highly likely to be damaged by the moving device. Often the uterus and fallopian tubes, two important productive organs in women, are perforated beyond repair. Many users had to undergo uterus removal surgery because of significant damage from Mirena perforation and get rid of pain and associated health problems. A removed or damaged uterus ends the chance of becoming pregnant.

It is the fear of permanent uterus damage that prevents many US doctors to refrain from suggesting Mirena IUD as the preferred contraceptive, claim findings of two surveys, each by the American Public Health Association and the Centers for Disease Control and Prevention.

A migrating Mirena can travel as far as the ribcage or become embedded in internal organs. Surgery is the only option to remove the displaced device. One of the users had an open-heart-like procedure to remove the IUD stuck at her lower rib. The Society of Laparoendoscopic Surgeons has also issued waning on the potential risk of Mirena perforations.

The Mirena Perforation Injuries

Mirena perforation puts users at the risk of following complications.

Removal surgery, appendectomy, pelvic floor surgery, and multiple surgeries to restore or remove damaged organs
Uterus perforation
Hysterectomy or uterus removal
Damage to internal organs
Permanent damage to reproductive organs
Vaginal hemorrhage
Pelvic or stomach tissue excision
Abdominal pain
Genitourinary infection and complications

Mirena Perforation Lawsuit

Hundreds of Mirena lawsuits have been filed claiming that defective design allowed the IUD to migrate and cause injuries. One of the plaintiffs underwent medical investigations, including minor surgeries, over a month to locate the wandering Mirena that injured her liver and stomach. Doctors finally traced the IUD in her rectum and removed it through surgery. An Illinois woman had multiple surgeries and suffered from consequent complications after her Mirena IUD slipped away, damaged her uterus, and found embedded with her cervix.

Last year, 29 California women came together to seeks a Mirena class action for all women forced to remove their uterus damaged by the IUD. The birth control perforated the uterus of a 20-year-old South Carolina resident beyond repair. Extensive perforation of pelvic organs resulted in permanent loss of her ability to be a mother and leading a life with estrogen treatment and “surgically induced menopause.”

August 22, 2014

Mirena Lawsuit Filed Over Mirena Injury: Perforation and Surgery

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Mirena Injury Perforation Lawsuit: Women Claim Serious Uterus Damage, Internal Injuries

More than 1,300 women have undergone hysterectomy and other invasive procedures since 2007 following Mirena perforation of their uterus. Despite claims of assured safety and effective birth control by its manufacturer, Mirena IUD has been reported to the FDA for causing injuries for 47,000 persons in the last five years. Hundreds of women have filed Mirena lawsuits claiming that the levonorgestrel birth control IUD they selected to prevent pregnancy cut through their uterus, fallopian tube, and other pelvic organs, causing them to suffer health hazards. Media reports indicate at least 5,000 women had experienced serious health problems and one or more surgical interventions to treat internal injuries linked to Mirena migration and perforation.

Design Defect Reason for Mirena Perforation

The T-shaped Mirena birth control device is implanted in the uterus. Levonorgestrel hormone released from the contraceptive IUD steadily thickens the cervical mucus that obstructs movement of sperms into the fallopian tube and thus prevents fertilization. Once inserted, the birth control IUD is expected to check unwanted pregnancy for five years.

However, many users have claimed that the design defect allows Mirena IUD to spontaneously dislodge and migrate from its place of insertion and cause extensive injuries. A 2013 report prepared by DrugRisk, a consumer watchdog on adverse events related to prescription drug injuries, highlighted a 17 percent increase in the number of Mirena perforation injury claims compared to the year before.

The American Journal of Obstetrics and Gynecology reported a number of case studies in February 2013 warning of life-long-term adverse impacts on young women due to Mirena perforation of their internal organs and consequent surgeries. The Society of Laparoendoscopic Surgeons also advised all laparoscopy and endoscopy professionals registered with it about the potential danger of Mirena perforations rendering permanent damage to reproductive organs.

Mirena Perforation Injuries

The most reported Mirena perforation adverse events include:

Damage to uterus caused by the displaced the Mirena IUD
Surgical intervention to get rid of the birth control device embedded to internal organs
Surgery to remove the uterus (hysterectomy) punctured due to the displaced IUD
Perforation of uterus and fallopian tube ending the ability of users to conceive
Additional surgeries and post-operative problems following Mirena perforation complications, such as menopause disorders, tissue excision, pelvic infections, etc.

Mirena Perforation Lawsuit

Of over 1,050 Mirena lawsuits filed so far, a large number of the litigations claim injuries caused by the IUD migration and perforation. A Mirena perforation lawsuit filed in a California court representing 29 women sought product liability on the ground that all plaintiffs were forced to undergo hysterectomy to remove their uterus perforated by displaced IUD beyond repair.

Illinois resident Kellie is suing Bayer claiming that Mirena perforation of her uterus had ended her ability to become a mother. The IUD contraceptive was found to have migrated and embedded with her cervix after puncturing her uterus. She underwent multiple surgeries and advised by doctors against future pregnancy fearing miscarriages and life-threatening complications linked to her damaged uterus.

A 20-year-old South Carolina woman requires surgically induced menopause and regular estrogen treatment to manage severe complications caused by Mirena removal surgery. She underwent multiple surgeries after doctors discovered extensive Mirena perforation injuries damaging her pelvic and reproductive organs. Another Mirena perforation lawsuit filed by AN Ohio resident in December 2013 claims that the users underwent surgery to remove the IUD found attached to her uterus. However, the injuries were so extensive that she was forced to have additional surgeries done for appendectomy and stomach tissue excision.

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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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.

April 28, 2014

Mirena Lawsuits Filed Over Surgical Removal, Miscarriages

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A New York woman suffered uterine damage and had to undergo laparoscopic surgery because of the spontaneous migration of her birth control IUD, according to a Mirena lawsuit filed in the Northern District Court of Illinois. Kellie started using the IUD contraceptive in 2003 to avoid pregnancy. According to manufacturer Bayer, T-shaped Mirena IUD provides hassle-free birth control option for a period of five years.

Kellie, however, regrets her selection of Mirena IUD. Her Mirena lawsuit claims that she was forced to consult her doctor following severe abdominal pain for weeks in 2007. Medical examination revealed that the IUD had been floating in her abdominal cavity after migrating from its place. She underwent surgery to remove the birth control device. Kellie also found that her uterus was perforated because of the Mirena migration and her future pregnancy might lead to miscarriage because of the damaged uterus.

The Mirena migration lawsuit filed by Kellie is one among of the 1,050 litigations across the United States seeking compensation for medical cost, punitive damages, and physical and emotional injuries from Bayer for its failure to inform consumers about the risk of IUD displacement and consequent injuries. One of the Mirena lawsuits filed last year alleged that the plaintiff had an open heart surgery procedure called sternotomy after the migrated IUD found embedded in her rib cage.

Mirena Lawsuits Link IUD to Surgical Complications

Mirena IUD injuries have impacted over 70,000 women, who opted for the contraceptive, believing the manufacturer claim, as a hassle-free option to prevent pregnancy, according to the FDA MedWatch reporting system. Over 5,000 women had to undergo evasive surgical procedures to remove the displaced IUD. About 2,000 women had to suffer from uterus perforation and undergo hysterectomy to remove their damaged uterus due to Mirena migration.

A number of women had to undergo additional surgeries to repair damage to their stomach, pelvic organs, and other internal parts caused by the floating IUD. According to another Mirena lawsuit filed by an Ohio woman, she had to undergo additional surgical interventions, such as stomach tissue excision and appendectomy, due to IUD migration. The contraceptive was removed through a surgical procedure after it was found embedded with her uterus.

A South Carolina woman, in her late twenties, underwent multiple surgeries necessitated by the Mirena migration injury. She is now treated with daily estrogen therapy and requires surgically induced menopause to avoid post-surgical complications, claims her Mirena lawsuit.

Mirena Migration, Removal Surgery, and Pregnancy

A number of Mirena lawsuits have been filed by women who were forced to undergo life-threatening IUD removal surgeries during pregnancy following the displacement of their birth control devices. A Missouri woman found herself pregnant despite using Mirena birth control for months. Doctors found that the IUD had migrated to her abdominal cavity and posed a serious threat to the fetus. She had no option but to agree to a high-risk surgery during her pregnancy to remove the birth control device.

The American Journal of Obstetrics and Gynecology has warned of fatal complications for pregnant women undergoing Mirena removal surgery.

Other Mirena Injuries

Post-removal pregnancy complications leading to miscarriages
Ectopic pregnancy
Pelvic inflammatory diseases
Dysmenorrheal, vaginal pain and bleeding
Abdominal pain and infection
Ovarian cysts
Genitourinary complications
Menstrual pattern abnormality

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February 15, 2014

Mirena’s IUD May Cause Serious Surgery In Women

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Mirena IUD Linked to Ectopic Pregnancy, Miscarriage

The Mirena IUD contraceptive is not as effective and safe as promoted by manufacturer Bayer. The T-shaped birth control device may expose the users to the risk of ectopic pregnancy. The IUD has also been reported for miscarriages, infertility, uterine injuries, and spontaneous migration. The FDA MedWatch adverse reporting has been inundated with thousands of complaints linking Mirena to pelvic inflammatory disease, uterus perforation, hysterectomy, menstrual disorder, ectopic pregnancy, and a number of other internal injuries. We are currently providing free case evaluations to women who suffered an unnecessary surgery from Mirena: CLICK HERE.

Mirena Cause of Ectopic Pregnancy

Bayer advertises Mirena as a safe and secure contraceptive for women with one or more children. The sentence itself speaks of the potential risk of infertility or miscarriage the IUD can cause even when the user is no longer using it. However, the more interesting fact is that many women using Mirena have been found pregnant – either an ectopic pregnancy or failure of the contraceptive caused by its migration.

Ectopic Pregnancy is a condition where the embryo grows outside the uterine cavity, in ovaries, abdomen, or fallopian tube. In most of the cases, it ruptures and results in internal hemorrhage, a serious condition that may cause threat to the life of the mother. According to the post-marketing reports, almost half of women reported for pregnancy while using Mirena IUD were victims of ectopic pregnancy. Those with recurrent pelvic problems, tubal problems, or previous history are at an increased risk of ectopic pregnancy while using Mirena birth control IUD.

Ectopic pregnancy is often considered a health complication, and its survival rate is very low. However, the condition causes immense pain, hemorrhage, and life-threatening medical suffering for patients. Ectopic pregnancy also leads to additional complications, such as

vaginal bleeding
pelvic pain
death due to internal bleeding
laparoscopic surgery
miscarriage and infertility
abdominal pain and inflammation
problem in urination
appendicitis

Surgical intervention is the only option for Mirena IUD users to get rid of ectopic pregnancy. Doctors perform laparoscopy to ensure surgical termination of pregnancy before it may lead to life-threatening bleeding. There are instances where doctors were forced to remove fallopian tubes in women patients to save them from ectopic pregnancy injuries. Later, it was found that the women were on Mirena IUD for two years.

A study reported in 2013 by the American Journal of Obstetrics and Gynecology warned that surgical removal of Mirena contraceptive in women with more than 12-week pregnancy could be highly unsafe. For those suffering from both Mirena migration and ectopic pregnancy, the problem poses a double threat to their lives. The Mayo Clinic has already issued a similar warning.

Mirena Lawsuits

A Mirena lawsuit filed a few weeks ago claims that Mirena IUD caused the plaintiff to suffer from miscarriage and infertility. The plaintiff, a 28-year-old mother, had a hard time after using the Mirena IUD. She had genital tract and pelvic infections prior to an ectopic pregnancy caused by the IUD. When she tried to conceive six months after the contraceptive removal, she had a miscarriage. Another Mirena lawsuit filed in New Jersey alleges that the device caused the plaintiff to have ectopic pregnancy. The device migrated from its place and perforated her uterus. Both Mirena lawsuits have sought damages for their health problems, pain, suffering, and economic losses.

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February 6, 2014

Mirena Perforation Injury

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Mirena Lawsuit Claims IUD Contraceptive Defective, Unsafe

Rebecca, a working mother in the late 20s, selected Mirena IUD birth control before planning her second pregnancy. She experienced pelvic infections after the device had been implanted, but for some time, she was under the impression that these were common side effects. However, two years later, she had an ectopic pregnancy, which forced her to seek removal of the contraceptive IUD. Her doctor had a tough time in locating the Mirena IUD that had moved away from its original place and entrenched in her fallopian tube.

The Mirena lawsuit also claimed that the plaintiff suffered from two miscarriages within 13 months of removing the birth control device. She was told that her uterus was too weak to hold the fetus. The doctors also asked her to undergo surgery to remove her ovary and a portion of the fallopian tube that had been damaged by Mirena migration.

Rebecca’s Mirena lawsuit alleges that she selected the IUD contraceptive, considering it safe, since there were no warnings about ectopic pregnancy or possible miscarriages linked to the device from the manufacturer. The lawsuit also claims that the Mirena IUD design was defective, which allows it to migrate and perforate uterine organs. Blaming the manufacturer for her trauma, the plaintiff asserts that had Bayer openly warned users of the risk of loss of capacity to conceive because of Mirena injuries, she would have avoided it all costs. She sues the manufacturer for physical injury, financial losses, and emotional distress because of the unsafe and defective contraceptive.

Mirena Side Effect Injuries

Uterus perforation
Genital tract infection
Vaginal bleeding and menstrual disorder
Pelvic infection, inflammation
Surgical intervention
Hysterectomy
Miscarriage
Ectopic pregnancy
Ovarian cysts
Mirena migration injury

Survey Shows Doctors Consider Mirena IUD Unsafe

In 2012, results of two surveys highlighted that a majority of medical professionals considered Mirena birth control IUD unsafe and risky. Published in the Obstetrics & Gynecology journal, one survey counted that over 60 percent of participating doctors rejected the IUD contraceptive as their first choice purely on safety grounds. They felt its potential side effect injuries could result in users losing their ability to conceive.

Another report endorsed by the American Public Health Association claimed that almost half of the medical experts felt that the Mirena birth control IUD puts users at a greater risk of complications, including uterus damage.

The FDA has also cautioned women without children against using the IUD contraceptive, fearing potential Mirena side effects, such as uterus perforation and miscarriage. In 2009, it admitted to have received over thousands of Mirena injury reports. According to media reports, about 70,000 Mirena side effect complaints, including 47,000 in the last five years, have been made to the FDA in the last one decade.

Mirena Lawsuits

A Connecticut woman has sought $150,000 in compensation, claiming that she had to undergo an IUD removal surgery following pain and pelvic infection caused by Mirena migration. Thirty-two-year-old Tiara from Pennsylvania has demanded an undisclosed amount in damages. Her Mirenal lawsuit alleges that she had to undergo hysterectomy and additional surgeries and lost her ability to become a mother again as the Mirena IUD she had migrated and damaged her uterus beyond repair.

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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CALL TOLL FREE: (800) 632-1404

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