New York, New York (PRWEB) September 19, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs and medical devices, has filed a lawsuit alleging that the Mirena IUD migrated outside an Arkansas woman’s uterus. The lawsuit was filed on August 26, 2013, in the Superior Court of New Jersey Law Division, Bergen County (Case No. L-675212), which is part of the multidistrict litigation (MDL) entitled In Re: Mirena Litigation (MDL No. 297). Bayer Healthcare Pharmaceuticals, Inc.; Bayer Healthcare Ag; Bayer Pharma Ag; and Bayer Oy have been named as Defendants.
According to the Complaint, the Plaintiff, a 26-year-old woman from Arkansas, was implanted with the Mirena IUD in September 2009. At that time, there was no reason to suspect that the Mirena IUD had migrated away from its original implantation site. The lawsuit points out that Bayer’s warning label only mentions the risk of spontaneous migration occurring just after the device is first placed in the uterus. On October 27, 2010, the Plaintiff was taken to the hospital complaining of abdominal pain. A CT scan was performed and revealed that the Mirena IUD had migrated to the right side, an extra-uterine location, which necessitated surgery to remove the IUD.
The lawsuit seeks compensation for severe and permanent physical injuries, substantial pain and suffering, and economic loss due to medical expenses and lost wages. The lawsuit also seeks compensation on behalf of the woman’s husband over loss of consortium.
The lawsuit alleges that Bayer knew that the Mirena IUD was defective but failed to warn of the device’s risks. The lawsuit also alleges that Bayer has a history of misrepresenting the Mirena IUD. In a warning letter sent to the company by the U.S. Food and Drug Administration (FDA) on December 30, 2009, the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) criticized Bayer for making unsubstantiated claims about the Mirena while failing to mention its risks in the company’s “Simple Style” program. The DDMAC criticized Mirena for a number of statements, including the company’s assertion that Mirena helps women “look and feel great.”
Bayer’s Mirena IUD was approved in 2000 and is a contraceptive meant to prevent pregnancy for up to five years. The IUD is a small, plastic, “t”-shaped device attached to two strings. Once placed inside the uterus by a healthcare professional, the Mirena releases the hormone levonorgestrel, the lawsuit notes.
According to an October 1, 2009, FDA press release, the most serious side effects associated with the Mirena IUD include:
Court documents indicate that the Supreme Court of New Jersey recently reconsidered a prior decision and has moved to centralize Mirena IUD lawsuits in Bergen County, where Superior Court Judge Brian R. Martinotti will manage the lawsuits.
The attorneys at Parker Waichman LLP have been actively involved in the Mirena IUD litigation. Partner Raymond C. Silverman has been appointed Co-Lead Counsel in the Mirena IUD multicounty litigation centralized in Bergen County, New Jersey. Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, was previously appointed Co-Lead Counsel in the Mirena IUD multidistrict litigation in New York. Mr. McCauley also co-chairs the American Association for Justice (AAJ) Mirena IUD Litigation Group. The Group is actively involved in exchanging educational materials and medical literature to best represent victims.
Parker Waichman LLP continues to offer free lawsuit consultations to victims of injuries allegedly caused by the Mirena IUD. If you or a loved one has experienced complications following use of this device, please visit the firm's Mirena IUD Side Effects page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).
Parker Waichman LLP
Gary P. Falkowitz, Managing Attorney
1+ (800) LAW-INFO
1+ (800) 529-4636