Are you considering joining a Mirena lawsuit, following injuries that you suffered as a result of spontaneous migration of the IUD? Depending on the extent of your injuries, it might be in your best interest to file an individual lawsuit, rather than join a Mirena class action. Attorneys will thoroughly review your case and answer all of your questions about the legal options available to you, so that you are able to make the best decision for you and your family.
Mirena Class Action vs. Individual Claim
Joining a Mirena class action is a tempting option for many women who have been harmed by this IUD. After all, class action lawsuits are designed to allow for the efficient prosecution of a large number of similar claims. But there are some real disadvantages to pursuing a class action, especially for women who have suffered serious Mirena complications. These include:
- Lack of decision making ability for most plaintiffs: If you join a Mirena class action lawsuit, you probably won’t have much, if any, control when it comes to making important decisions that could have an impact on the lawsuit’s ultimate result. Those types of decisions, including the choice of attorney and whether or not to settle the case, all rest with a single plaintiff who has been appointed the Class Representative by the Court.
- You may not get the compensation you truly deserve: Class action lawsuits generally settle for compensation that is specifically designed to offset the financial losses suffered by the class members. This type of compensation is often paid in the form coupons or rebates, and is generally identical from one plaintiff to the next. However, victims of Mirena injuries have suffered a wide range of physical, financial, and emotional losses, and recoveries in these lawsuits are likely to vary just as much. As such, it is highly doubtful that any settlement in a Mirena class action would afford most plaintiffs an appropriate level of compensation.
- You have no legal recourse if the Mirena class action is unsuccessful: In most cases, class members are barred from filing an individual claim if a class action lawsuit does not end with a recovery in their favor.
Mirena Mass Tort Proceedings
Because of the reasons outlined above, most women harmed by this IUD are opting to file individual Mirena lawsuits, rather than join a Mirena class action. However, because a large number of such filings are expected, courts in some jurisdictions have opted to establish mass tort proceedings to handle these lawsuits. For example, in early 2013, a multicounty litigation got underway in New Jersey Superior Court for all Mirena lawsuits filed in that state. Several months later, a similar proceeding called a multidistrict litigation was established in U.S. District Court, Southern District of New York, for all federally-filed lawsuits involving allegations of Mirena injuries.
Like a Mirena class action, these mass tort proceedings are designed to allow lawsuits involving common allegations to proceed more efficiently through the courts. As such, they will be subject to coordinated discovery and motions practice, thereby preserving the resources of the court and avoiding conflicting rulings and duplicative discovery across all of the cases in the litigation. However, each individual lawsuit will maintain its own identity throughout these proceedings, and every case will be evaluated on its own merits. Any Mirena lawsuit not resolved through the mass torts process will be returned to its original court of filing for trial.