In allowing this lawsuit to move forward against Bayer, the Court found that at this early stage in the litigation, the Plaintiff’s failure to include the facts cited by the defense was not enough to dismiss the entire action.
New York, New York (PRWEB) March 02, 2015
Mirena IUD lawsuits (http://www.mirenalawsuit2014.com/) filed on behalf of women who were allegedly harmed by the long-acting birth control device continue to move forward in state and federal courts around the U.S., according to Bernstein Liebhard LLP. In an Order filed in U.S. District Court, Eastern District of California on February 24th, the Court ruled that a Mirena Plaintiff with a case pending in that jurisdiction may pursue her lawsuit, which accuses Bayer Healthcare Pharmaceuticals of failing to warn patients about the risks potentially associated with the IUD. Bayer had moved to dismiss the entire lawsuit, asserting that the complaint failed to specify certain key facts, including the name of the physician who prescribed and placed the Mirena IUD. (Case No. No. 5:14-101)
“In allowing this lawsuit to move forward against Bayer, the Court found that at this early stage in the litigation, the Plaintiff’s failure to include the facts cited by the defense was not enough to dismiss the entire action. While the ruling does dismiss certain fraud claims because the complaint lacked those facts, the Plaintiff may ultimately be able to proceed with those claims as well, as she was granted leave by the Court to amend her lawsuit with the requisite information. We are pleased with this development, as numerous women have filed Mirena lawsuits in U.S. courts that assert similar claims against Bayer,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free case evaluations to women who allege uterine perforations and other serious complications related to spontaneous migration of the Mirena IUD.
Mirena Litigation
The Mirena IUD is a small T-shaped device made of soft flexible plastic that is inserted into a uterus and releases levonorgestrel to prevent pregnancy for up to five years. The IUD was initially approved for contraception by the U.S. Food & Drug Administration (FDA) in 2000, and later its approved uses were expanded to include heavy menstrual bleeding in women who choose an IUD as their method of birth control. *
Court documents indicate that the California Mirena lawsuit is one of nearly 3,000 claims filed on behalf of women who were allegedly harmed by the IUD. Bernstein Liebhard LLP is currently representing numerous plaintiffs in a multicounty litigation established for Mirena cases in New Jersey’s Bergen County Superior Court, where nearly 1,800 product liability cases have been filed on behalf of women who allegedly suffered uterine perforations, infertility, and other complications after the IUD spontaneously migrated from its proper position in the uterus. (In Re: Mirena Litigation; Case No. 297)
According to court documents, at least 1,179 Mirena cases that put forth similar allegations regarding spontaneous IUD migration are currently pending in a federal multidistrict litigation now underway in U.S. District Court, Southern District of New York. (In re: Mirena IUD Products Liability Litigation, MDL No. 2434)
Court records show that all of the Mirena IUD lawsuits pending in these proceedings allege that Bayer failed to provide adequate warnings about the risk of spontaneous migration, which plaintiffs claim can occur long after the devices is correctly inserted into the uterus by a healthcare provider. They point out that the labeling for the birth control device only cautions that migration may occur if the uterus is punctured while the IUD is being inserted. The lawsuits also claim that Bayer has downplayed the risks associated with the Mirena IUD, and cite a 2009 FDA Warning Letter that faulted one of the company’s promotions for exaggerating its purported benefits and understating its association with potentially serious complications.
Women who allegedly suffered serious injuries due to spontaneous Mirena migration may be entitled to take legal action against Bayer Healthcare Pharmaceuticals. To learn more about filing a Mirena lawsuit, please visit Bernstein Liebhard LLP’s website, or the Firm’s Facebook page: https://www.facebook.com/mirenalawsuithelp. For a free legal consultation, please call 800-511-5092.
*http://www.accessdata.fda.gov/drugsatfda_docs/label/2009/021225s027lbl.pdf, FDA 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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