Mirena IUD Migration Allegations Lawyers: Resource4thePeople Details Latest Important Federal Litigation Proceedings

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Number of cases continues to increase after important court hearing. Resource4thePeople's national network of attorneys is still offering complimentary consultations to consumers over allegations of spontaneous migration, perforation and other health problems stemming from use of contraceptive.


Resource4thePeople today announced today its latest consumer update for those following litigation* involving allegations that the Mirena IUD contraceptive may cause serious health problems.

Among the latest developments is an increase in the number of cases from across the country that have been consolidated before a federal judge as the "IN RE: Mirena IUD Products Liability Litigation."

The number of cases being overseen by Judge Cathy Seibel in U.S. District Court for the Southern District of New York has now climbed to 344 cases, according to figures provided by the U.S. Panel for Multidistrict Litigation.**

"This figure constitutes a total that has been consistently increasing since the multidistrict designation was first granted and we anticipate that the number of Mirena IUD allegations cases will continue to increase," said Resource4thePeople.

“Therefore we are continuing our policy of providing free consultations to consumers inquiring about allegations of Mirena IUD failures similar to those contained in these federal lawsuits* and the legal options that may be available to them.”

The Mirena IUD received approval from the Food and Drug Administration in 2000 as a contraceptive and was approved to treat heavy menstrual bleeding in 2009.***

The device is a t-shaped IUD, which, after being placed in the uterus, is supposed to serve as a method of preventing pregnancy for as many as five years. The method of contraception is the release into the uterus of the progestin levonorgestrel to prevent the release of eggs in a woman's ovaries.

In another legal development in the litigation,* Judge Seibel conducted a status conference on the litigation with attorneys from both sides on Jan. 22, 2013 and set new deadlines for the filing of amended complaints, according to the court file.

"These status hearings are important proceedings because they allow the attorneys to update the judge with problems and legal issues that have surfaced as the pre-trial evidence-gathering develops," said Resource4thePeople.

The federal multidistrict panel that assigned the cases to Judge Seibel detailed the allegations that have been made against the contraceptive's manufacturer, Bayer Health Care Pharmaceuticals, in this summary:****

"The cases in this litigation primarily involve injuries allegedly caused by the Mirena intrauterine contraceptive system. The cases listed on Schedule A allege that the product may migrate away from its original position, perforate the uterus, and/or cause related injuries. The cases listed on Schedule B allege that the product causes autoimmune disorders."

“We anticipate many more such cases being filed over these allegations and are advising consumers in their inquiries that it is not too late to file their own claims and seek compensation,” said Resource4thePeople.

"However, there may be legal time limits involved -- which were a factor in one of the cases that Bayer sought to have dismissed -- so we are urging consumers to contact us as soon as possible to preserve all legal options that may be available to them," said Resource4thePeople.

One dismissal motion lost by Bayer involved a case in which U.S. District Judge Jay C. Zainey of the Eastern District of Louisiana refused to dismiss a Mirena IUD lawsuit brought under the Louisiana Products Liability Act against Bayer.*****

Another case involved a denial of a Bayer motion to dismiss issued by U.S. District Judge Joseph H. McKinley Jr. of Kentucky involving a similar Mirena IUD lawsuit.***** The judge also ruled that the plaintiff will be allowed to amend the complaint in the case.

Resource4thePeople is also reporting that there are over 300 other cases in a state multidistrict litigation******* involving similar allegations that have been consolidated before a New Jersey state judge according the state court file in those cases.

The court file in those cases shows that among the allegations are claims that the Mirena IUD migrated from its original positioning and subjected women to perforated uteruses and other serious side effects.

Resource4thePeople's national network of attorneys will continue to review allegations that include claims of ectopic pregnancies, sepsis, perforations and ovarian cysts.

"Among the allegations in these cases is that the use of the Mirena IUD led to medical conditions including ectopic pregnancy, infertility, perforation of the uterine wall, cervix and pelvic organs, embedment of the device in the uterine wall or other organs, migration of the IUD, infertility, pelvic inflammatory disease and serious infections that may have required surgical removal of the device,” said Resource4thePeople.

Resource4the People also notes that the U.S. Food and Drug Administration raised objections to the marketing of the device as a safe, convenient alternative to birth control pills and other contraceptives.

The FDA issued a warning letter******** to Bayer officials in 2010 in which FDA regulators objected to the marketing campaign, admonished Bayer and told the company that it was downplaying the health risks of the Mirena IUD while overstating its benefits.

"The program overstates the efficacy of Mirena, presents unsubstantiated claims, minimizes the risks of using Mirena, and includes false or misleading presentations regarding Mirena," the FDA said. "Thus, the program misbrands the drug in violation of the Federal Food, Drug, and Cosmetic Act."

*MDL - 2434 IN RE: Mirena IUD Products Liability Litigation, Judge Cathy Seibel, U.S. District Court for the Southern District of New York
*****Thompson, et al. v. Bayer Healthcare Pharmaceuticals Inc., No. 13-3702, U.S. District Court, Eastern District of Louisiana
******Bosch, et al. v. Bayer Healthcare Pharmaceuticals Inc., No. 3:13-656, U.S. District Court, Western District of Kentucky
*******In Re: Mirena Multicounty Litigation, Bergen County Superior Court of New Jersey Case #297

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