You will be vital in your case involving Mirena as you keep us abreast of updates in your medical treatment and physical treatment. And if your case does not settle, you may also have to be present at the trial, depending on which stage it reaches.
Between 1997 and 2012, the U.S. Food and Drug Administration (FDA) reportedly received more than 45,000 complaints that involved the IUD. This information was published in an Adverse Event report on December 18, 2012.
If a recovery is made, the Firm usually receives a percentage of the total. Your lawyer will walk you through the fee arrangement in detail when you sign a retainer agreement at the beginning of the process.
No. Since claims over Mirena complications that could have been prevented if Bayer had adequately warned about the possibility for its product to cause harmful side effects, many of which stemmed from the spontaneous migration of the IUD, your doctor will not be included in the case you file. To qualify for filing a lawsuit, your Mirena side effects must have occurred after your IUD was properly inserted bya doctor.
After you’ve experienced a Mirena complication, the first thing you need to do is obtain medical records of all your expenses and appointments. Once you file a claim, this information will serve as vital evidence to your case.
Although recent media reports revealed this year that the U.S. Food and Drug Administration (FDA) has received at least 70,0000 adverse event reports stemming from the IUD since it entered the market in 2000, a Mirena recall has not been issued. As women continue to file lawsuits and complaint reports, however, calls for one are likely to rise.
A consolidated Mirena lawsuit litigation is continuing to move forward in New Jersey’s Bergen County Superior Court, according to recent records.
At a Case Management Conference held on November 20th, the parties discussed matters related to cases filed over the intrauterine birth control device, which hundreds of women say can spontaneously migrate away from the uterine wall and perforate the uterus. Among matters discussed were the details of a New Jersey Deposition Protocol, according to an Order issued on November 21, which involves coordination with the federal Mirena IUD lawsuit litigation. The next Case Management Conference is slated for January 14, 2014.
500+ Mirena Lawsuit Claims Now Filed in U.S.
As of November 18th, a recent Case List update showed exactly 300 lawsuits alleging Mirena complications filed in the Bergen County litigation. An update from the U.S. Judicial Panel on Multidistrict Litigation (JPML) indicated that another 267 claims had been filed in the federal Mirena lawsuit litigation underway in the U.S. District Court, Southern District of New York. These cases similarly allege spontaneous device migration, uterine perforations, ectopic pregnancy, infection and other IUD complications. The attorneys at Bernstein Liebhard LLP are actively filing claims in the federal Mirena proceeding underway in New York. (In re: Mirena IUD Products Liability Litigation, MDL No. 2434)
The Mirena IUD was approved in 2000 as a contraceptive by the U.S. Food and Drug Administration (FDA). In 2009, its list of uses expanded to the treatment of heavy menstrual bleeding in women who used it as a method of birth control. Since its launch, though, the Mirena IUD has been named in thousands of complaints filed with the U.S. Food and Drug Administration (FDA). A report published this past summer by 7 Action News pulled data from the federal agency’s database and found 70,000 adverse event reports associated with the IUD. There has been no announcement of a Mirena recall, however.
Bayer has received warning from the FDA about downplaying those side effects. In 2009, the agency sent a Warning Letter that took issue with certain promotions of Mirena, stating that benefits associated with its efficacy were overstated.
A new Mirena lawsuit has been filed on behalf of a woman from Pennsylvania whose IUD allegedly migrated within her body and perforated her uterus, according to court documents.
This case, which was bought by a 29-year old woman from a town about 50 miles outside of Pittsburgh, alleges injuries sustained in the spring of 2011—a little over a year after implantation of the intrauterine birth control implant. Filed in the U.S. District Court, Western District of Pennsylvania, this Mirena lawsuit names Bayer Healthcare Pharmaceuticals as defendant.
According to her case, the Plaintiff says she started experiencing headaches, fever and sickness, severe mood swings and other Mirena complications following implantation of the IUD. The woman later learned that the IUD had “expulsed” since her doctor was unable to locate it during Mirena removal surgery. It wasn’t until she underwent an X-ray examination in 2011 that she found the IUD had perforated her uterus.
Mirena IUD Lawsuit Alleges Bayer’s Failure to Warn about IUD Complications
According to this lawsuit, which was filed in the absence of a Mirena recall, the Plaintiffs’ injuries were sustained despite the fact that she “followed all instructions accompanying Mirena and used the product as directed. The Plaintiff suffered serious and life-threatening side effects and injuries, including but not limited to extreme lower torso pain, medical therapy, surgical removal of Mirena and hospitalization, continuing treatment, and medical monitoring.”
Also included in this lawsuit are claims that the Plaintiff’s body was permanently impaired because of Mirena, which has also caused her to experience a lessened quality of life. Her problems could have been avoided if Bayer had provided adequate warning about its product’s potential for side effects, which, according to claims, was defectively designed.
Allegations filed in this Mirena lawsuit are common to hundreds of others that are currently pending in U.S. courts. In a federal litigation established in the U.S. District Court, District of Minnesota, a recent court update showed that 267 cases have been filed, while another 300 have been brought to a consolidated proceeding underway in New Jersey’s Bergen County Superior Court. This litigation has scheduled its next Case Management Conference for January 14, 2013, when parties will discuss matters related to lawsuits involving the IUD.
Even as Mirena lawsuit claims filed on behalf of women who were allegedly injured by the IUD continue to mount in courts around the country, a new study has found that the majority of women who try a long-term method of birth control, such as an IUD, generally stick with it. Among other things, the study, which appears in Obstetrics and Gynecology, found that only 7% of women implanted with a Levonorgestrel IUD like Mirena sought to have the device removed within six months of its initial implantation.
The research looked at 9,256 women using contraceptives, including 6,167 who were using an IUD. The IUD with the highest discontinuation rate was Paragard, followed by Mirena, while a device called Implanon had the lowest rate of discontinuation. The most common reason women gave for discontinuing their IUD use was irregular or frequent bleeding.
Mirena IUD Lawsuits Allege Complications Leading to Device Removal
The study did not note how many women might have undergone Mirena removal due to serious complications associated with spontaneous migration of the device. Those alleged injuries, including uterine perforations, uterine embedment, infections, scarring and organ damage, have prompted hundreds of women to file Mirena IUD lawsuits in courts around the country.
According to court documents filed in a multidistrict litigation underway in New Jersey’s Bergen County Superior Court, at least 300 claims have been filed in that proceeding on behalf of alleged victims of Mirena complications. An additional 267 Mirena lawsuits are pending in a federal multidistrict litigation underway in U.S. District Court, Southern District of New York.
All of these lawsuits similarly allege that Bayer Healthcare Pharmaceuticals failed to provide adequate warnings about the potential for the IUD to migrate from its proper position in the uterus following correct placement by a doctor.
Women who suffered Mirena complications that may be related to spontaneous migration of the device could be entitled to compensation for medical bills and other damages related to their injury.
A new Mirena lawsuit has been filed by a woman in Indiana whose unborn baby was shown to have birth defects after the IUD allegedly broke into several pieces within her body, court records show.
According to a November 12th report, the Plaintiff says she was first implanted with the birth control device in March 2011, when she was 19 years old. At the time, she had already given birth to one child, which would make her a good candidate for the IUD, according to a recommendation listed on the website of Bayer Healthcare Pharmaceuticals. She sought to have the device removed, her lawsuit alleges, which was when her surgeon found the t-shaped implant had broken apart into several pieces, and released an uncontrolled amount of hormones into her body.
In an ultrasound report issued later, the Plaintiff’s baby was shown to have two serious birth defects, including anencephaly, a neural tube defect in which the infant is born without parts of the skull and brain, and acalvaria. These birth defects, as well as her now-inability to conceive, were caused by Mirena complications stemming from the IUD, according to her lawsuit.
The Indiana woman says her troubles are still not over, however. Her lawsuit states that she continues to suffer “dysfunctional uterine bleeding, intermenstrual bleeding, irregular menstruation, abdominal pain” and other complications even after undergoing Mirena removal surgery.
Mirena Lawsuits Continue to Mount
Although a Mirena recall has not been announced, more and more women in the U.S. are coming forward to file lawsuits. According to court documents, at least 211 cases alleging spontaneous migration of the IUD and uterine perforations, among other complications associated with the device are pending in a federal litigation underway in the U.S. District Court, Southern District of New York. In a multicounty proceeding established in New Jersey’s Bergen County Superior Court, at least 219 lawsuits have been filed.
Similar actions against Bayer allege the company’s failure to provide adequate warnings related to the potential for its product, which is used by approximately 2 million women in the U.S., to cause patient injuries.