A Pennsylvania woman recently filed a lawsuit against Bayer Healthcare Pharmaceuticals. She joins a host of other plaintiffs who have filed lawsuits against the company for injuries caused by Mirena. The plaintiffs claim the intrauterine device is unsafe and causing pain and injury to some who use it. They also allege that Bayer knew of the dangers and did not properly warn them of the risks.
The most recent lawsuit was filed in the U.S. District Court for the District of Minnesota, but it is likely to be moved to the Southern District Court of New York as that is where the majority of the cases have been consolidated. In January 2013, the cases were deemed appropriate for a multidistrict litigation (MDL). An MDL can be approved by the U.S. Judicial Panel on Multidistrict Litigation when there are multiple cases claiming similar offenses against the same defendant.
The newest plaintiff states that she had the IUD placed in 2011 with no problem, but that later she was experiencing pain. An ultrasound and X-ray revealed in 2013 that the Mirena device had moved out of position and was resting near her pelvic bone. She required surgery to remove it.
The device was supposed to have been designed so that it did not require surgery to place or remove, but many women have had to have surgery to remove the IUD after suffering uterine perforation. The uterine perforation allows the Mirena to travel through the lower body.
The women want Bayer to be held responsible for the damages caused by Mirena and the surgical removal. They demand compensation for medical expenses, such as surgery, hospitalization, therapy and continuing treatments. The plaintiffs also want compensation for pain and suffering.
The latest plaintiff also feels the company should be held accountable for defective manufacturing, defective design and failure to warn. She claims that Bayer “placed Mirena into the stream of commerce with wanton and reckless disregard for the public safety.”
Targan Pender & Strickland, P.C. – Atlantic City product liability lawyers