The lawsuit alleges, among other things, that Bayer has a history of misrepresenting the safety profile of Mirena.
(PRWEB) March 19, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, has filed a Mirena IUD lawsuit on behalf of a Michigan woman who alleges that the contraceptive device caused injuries by perforating her uterus and migrating outside of it. The suit was filed on February 15th in the Superior Court of New Jersey Law Division, Morris County (Docket No. MRS L-0432-13). Bayer Healthcare Pharmaceuticals, Inc. have been named as Defendants.
According to the Complaint, there was little evidence to suggest the Mirena IUD had perforated the Plaintiff’s uterus when she first received the device in November 2009. An x-ray performed last October, however, showed that the Mirena IUD was located outside of the uterus. In November 2012, the Plaintiff underwent laparoscopic surgery to retrieve the device. She is suing for severe and permanent physical injuries, substantial pain and suffering and economic loss due to medical expenses and lost wages. The lawsuit alleges that the Plaintiff’s damages result from the negligent and wrongful conduct of the Defendants, who allegedly failed to warn about the risks of using the device.
The lawsuit alleges, among other things, that Bayer has a history of misrepresenting the safety profile of Mirena. The suit points to a 2009 letter from the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) stating that Bayer had made a number of unsubstantiated claims about the supposed benefits of the device in the company’s “Simple Style” Program. The DDMAC said that, in addition to overstating Mirena’s benefits, Bayer failed to mention a number of risks.
The U.S. Food and Drug Administration (FDA) has stated that the most serious side effects associated with the Mirena® IUD include:
- Perforation of the uterine wall
- Embedment of the device in the uterine wall
- Intrauterine pregnancy
- Ectopic pregnancy
- Group A streptococcal sepsis
- Pelvic inflammatory disease (PID)
Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, co-chairs the American Association for Justice (AAJ) Mirena® IUD Litigation Group. The Group is actively involved in exchanging educational materials and medical literature in order to best represent victims.
A petition has been filed to consolidate Mirena® IUD lawsuits into a multidistrict litigation (MDL) in federal court. The Plaintiffs’ attorneys have requested that the cases be centralized in the U.S. District Court for the Northern District of Ohio, Eastern Division, before the Honorable Patricia A. Gaughan (In Re: Mirena IUD Product Liability Litigation, Case No. 1:12-CV-2780). According a Notice of Hearing by the United States judicial Panel on Multidistrict Litigation, a hearing will be held to discuss a potential Mirena multidistrict litigation (MDL) on Thursday March 21st in San Diego, California.
Parker Waichman LLP continues to offer free lawsuit consultations to victims of Mirena® IUD birth control. If you or as a loved one experienced complications following the 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