Dozens of Mirena IUD Lawsuits Dismissed Over Statute of Limitations Issues, Bernstein Liebhard LLP Reports

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The Firm is representing numerous women who allegedly suffered uterine perforations and other serious Mirena complications due to spontaneous migration of their IUD.

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This decision is of great interest to Our Firm, as we are representing numerous women in Mirena lawsuits, all of which put forth allegations similar to those asserted by plaintiffs involved in the federal litigation.

Thousands of Mirena IUD lawsuits ( filed on behalf of women who were allegedly injured due to spontaneous migration of the birth control device continue to move forward in state and federal courts around the country, Bernstein Liebhard LLP reports. According to an Order issued on January 9, 2015, some 31 Mirena cases that had been pending in the multidistrict litigation now underway in U.S. District Court, Southern District of New York, have been dismissed on the grounds that they were time barred due to the statute of limitations in the state where the claims were originally filed . (In re: Mirena IUD Products Liability Litigation, MDL No. 2434)

Court records indicate that the dismissed cases included 12 Mirena lawsuits brought on behalf of Louisiana residents, 17 filed by California plaintiffs, and one each from Oklahoma and Ohio. Bayer Healthcare Pharmaceutical had moved to dismiss the 31 cases following the issuance of a Case Management Order which allowed the defense to submit a letter explaining the reasons why each should be dismissed pursuant to an opinion issued by the Court last July.

“This decision is of great interest to Our Firm, as we are representing numerous women in Mirena lawsuits, all of which put forth allegations similar to those asserted by plaintiffs involved in the federal litigation. We will continue to monitor developments pertaining to this matter very closely,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free and confidential case evaluations to women who allegedly suffered serious complications of the IUD.

Mirena IUD Lawsuits
The Mirena IUD was approved by the U.S. Food and Drug Administration (FDA) in 2000 as a contraceptive. Nine years later, the IUD’s approved indications were expanded by the FDA to include the treatment heavy menstrual bleeding in women who wish to use and IUD as their primary method of birth control.* That same year, the agency issued a Warning Letter to Bayer that found certain marketing claims about Mirena to be misleading, including statements purporting that use of the IUD would help a woman “look and feel great.” The same letter also faulted the company for downplaying the serious side effects potentially associated with the use of Mirena.

Court documents indicate that the number of lawsuits filed on behalf of women who allegedly suffered serious Mirena complications due to spontaneous IUD migration have now exceeded 2,700 cases. These include more than 1,600 Mirena lawsuits that are currently pending in a multicounty litigation underway in New Jersey’s Bergen County Superior Court, where Bernstein Liebhard LLP is actively filing claims. (In Re: Mirena Litigation; Case No. 297) At least 1,160 similar cases have been filed in the proceeding underway in the Southern District of New York.

According to court documents, all of the cases pending in these litigations similarly allege that spontaneous migration of the IUD caused plaintiffs to suffer uterine perforations, ectopic pregnancies, organ damage, infertility and other serious Mirena complications. Plaintiffs further allege that Bayer failed to warn that the IUD could move from its proper position in the uterus and migrate to other areas of the body, even after it was correctly inserted by a healthcare provider. The claims also point out that the current labeling for Mirena only states that IUD migration may occur if the uterus is perforated upon insertion.

Women who allegedly experienced serious Mirena complications following spontaneous device migration may be able to pursue their own case against Bayer. To learn more about filing a Mirena IUD lawsuit, please visit you visit Bernstein Liebhard LLP’s website, or the Firm’s Facebook page: For a free legal consultation, please call 800-511-5092.

*, FDA, October 2009

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

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New York, New York 10016

ATTORNEY ADVERTISING. © 2015 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info (at) consumerinjurylawyers (dot) com

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