Mirena IUD Lawsuit Allowed to Proceed in Louisiana After Federal Judge Finds Claims May Be Timely, Bernstein Liebhard LLP Reports
New York, New York (PRWEB) October 04, 2014 -- A federal judge in Louisiana has refused to dismiss a Mirena IUD lawsuit (http://www.injurybeacon.com/mirena-iud/lawsuit/), after finding that claims asserted under the state’s Products Liability Act may be timely, Bernstein Liebhard LLP reports. According to an Order issued September 23, 2014 in the U.S. District Court for the Eastern District of Louisiana, the Plaintiff allegedly began suffering complications from Mirena in 2011, but did not file suit until May 2013. In seeking dismissal of the lawsuit, Bayer Healthcare Pharmaceutical asserted that the Act sets forth a one-year prescriptive period for products liability claims. However, U.S. District Judge Jay C. Zainey held that "prescription commences when a plaintiff obtains actual or constructive knowledge of facts indicating to a reasonable person that he or she is the victim of a tort.” The Plaintiff asserted in court documents that she wasn’t aware that Mirena could be the cause of her alleged complications until she viewed a television advertisement in May 2013 that linked the IUD to the same conditions. (Thompson, et al. v. Bayer Healthcare Pharmaceuticals Inc., No. 13-3702)
“Our Firm is representing numerous women in Mirena lawsuits who also claim to have suffered injuries related to this IUD. We are monitoring this litigation closely,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to offer free case evaluations to alleged victims of Mirena complications associated with spontaneous migration of the device.
Mirena Litigation
Court records indicate that more than 2,000 Mirena IUD lawsuits have been filed in U.S. courts on behalf of women who allegedly suffered serious complications due to spontaneous migration. The litigation includes nearly 1,100 claims that are pending in New Jersey’s Bergen County Superior Court, where Bernstein Liebhard LLP is actively filing cases. (In Re: Mirena Litigation; Case No. 297) An additional 937 complaints involving similar allegations have been filed in a federal multidistrict litigation underway in U.S. District Court, Southern District of New York. (In re: Mirena IUD Products Liability Litigation, MDL No. 2434)
According to court documents, all of these complaints accuse Bayer Healthcare Pharmaceuticals of failing to warn that spontaneous IUD migration may occur after Mirena has been correctly inserted into the uterus by a healthcare provider. The lawsuits further claim that this occurrence caused Plaintiffs to experience a number of serious and painful Mirena complications, including uterine perforations, scarring, adhesions, infections and organ damage.
The Mirena IUD is a long-acting contraceptive that was initially approved by the U.S. Food & Drug Administration (FDA) in 2000. In 2009, the FDA also approved Mirena for the prevention of heavy menstrual bleeding in women who wish to use an IUD as their primary method of birth control. That same year, the FDA issued a Warning Letter to Bayer after finding that one of the company’s Mirena promotions made misleading claims about the safety and efficacy of the IUD.
Alleged victims of serious Mirena IUD complications allegedly associated with device migration may be entitled to file a claim against Bayer Healthcare Pharmaceuticals. To learn more about the risks potentially asserted with Mirena, 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.
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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Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info (at) consumerinjurylawyers (dot) com
http://www.injurybeacon.com/
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Felecia L. Stern, InjuryBeacon.com, http://www.injurybeacon.com/, +1 800-511-5092, [email protected]
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