Balkin & Eisbrouch, LLC Reports on the Expanding Role of Consolidation in Mirena IUD Lawsuits

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With over 70,000 reports of Mirena IUD complications filed with the FDA, momentum continues to build in the legal claims against Bayer, the device manufacturer. Balkin & Eisbrouch, LLC reports on the recently formed consolidation of both state and federally filed Mirena lawsuits.

More than 70,000 complaints have been reported to the FDA with regard to the Mirena IUD birth control device since 2000, according to a Scripps investigation reported on WEWS-TV on June 18, 2013. According to the report, nearly 5,000 women have come forward in the last 5 years and claimed that Bayer’s popular Mirena IUD had moved from its initial placement and migrated outside of the uterus. In addition to this so-called “device dislocation,” some 1,322 reported complaints of uterine perforation have been also been received since 2008.

The Scripps investigation included several interviews with lawyers, doctors as well as the women who experienced complications and revealed the variety of techniques used by doctors to remove the Mirena IUD once it migrates from the original site of implantation. Sternotomies, hysterectomies, appendectomies, and stomach tissue removal are all viable means of surgical removal though permanent nerve damage is possible according to one woman’s physician.

Meanwhile, consolidation of Mirena lawsuits has suddenly become necessary as a means to streamline the legal process as more claims are filed. Mirena multidistrict litigation (MDL) was the first step toward achieving that goal. On April 8, 2013 the Judicial Panel on Multidistrict Litigation issued a transfer order of all federal lawsuits against Bayer Pharmaceuticals to be consolidated into litigation entitled: In RE: Mirena IUD Products Liability Litigation No. 2434. This MDL has been ordered to the Southern District of New York. In May 13, 2013, an order by the New Jersey Supreme Court filed a notice to the bar announcing the jurisdiction’s own consolidation of the Mirena lawsuits filed in state court (In RE: Mirena Litigation, Case No. 297, Superior Court of New Jersey, Bergen County). State centralized proceedings are commonly referred to as multi-county litigation (MCL).

The purpose of consolidating these claims on both the state and federal level is similar. Consolidation streamlines pretrial proceedings and affords victims of Mirena IUD complications the opportunity to pool their resources and avoid unnecessary delays caused by conflicting pretrial rulings.

The trial lawyers of Balkin & Eisbrouch, LLC, have been the leading the charge against Bayer since the first complaints were filed. As momentum continues to build in Mirena IUD multidistrict and multi-county litigation, so too does the firm’s commitment to seeking justice on behalf of those injured by the controversial medical device.

Charles Balkin, a founding partner at Balkin & Eisbrouch, commented on the growing litigation against Bayer. “A serious injury has such an enormous impact on a person’s quality of life with such wide-ranging consequences,” he said. “The complications raised in Mirena IUD lawsuits help illustrate the broad scope of the alleged problems.” More information regarding Mirena related complications as well as the most current legal news can be found here.

Mr. Balkin went on to state, “Though it remains to be seen how these legal battles will play out in front of the judge and jury, an experienced trial attorney will instinctively know how to translate their clients' stories of suffering into cases that can win in court.”

Managing firm partner David Eisbrouch provided his own take on how the Mirena lawsuits will continue to develop. “Sometimes, early in litigation, a major medical manufacturer will make an offer of settlement in an effort to avoid the risk of lengthy and costly litigation. Other times, the parties will opt to take their chances in front of the jury. Until the results of the first bellwether trials are announced, plaintiffs will have to rely on trusted legal counsel to ascertain the potential value of their cases."

Court documents filed in MDL 2434 revealed the business of the first case management conference which took place on May 17, 2012 in the District Court for the Southern District of New York. Supervising judge U.S. District Judge Cathy Seibel appointed four attorneys to leadership roles to conduct discovery investigations, argue motions and initiate possible settlement talks with Bayer. Additional case management conferences will meet periodically throughout the early discovery phase of the litigation, with the next being held on July 1, 2013.

About Balkin & Eisbrouch, LLC

Balkin & Eisbrouch, LLC practices nationwide in both state and federal courts. Charles Balkin and David Eisbrouch have over 40 years combined experience and are leaders in litigation involving product liability, dangerous drugs, and defective medical devices. The firm is currently reviewing potential cases premised on Mirena IUD injuries.

Balkin & Eisbrouch, LLC
126 East 56th Street
New York, NY 10026
Tel: 855.888.2529

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