The suit alleges that the Defendants failed to warn about the risk of spontaneous migration; the current warning only states that the Mirena® IUD may perforate the uterus during insertion.
(PRWEB) January 24, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, has filed a lawsuit alleging that the Mirena® IUD is defective and caused serious complications in a Arizona woman. The suit, which named Bayer Healthcare Pharmaceuticals as Defendants, was filed on January 2, 2013 in the Superior Court of New Jersey Law Division, Morris County (Civil Action No. MRSL-40-13).
According to the Complaint, the Plaintiff received the Mirena® IUD in February 2008. At first, she appeared to tolerate the procedure well and there was no reason to suspect that the device had perforated her uterus at that time. In May 2011, however, the Plaintiff underwent laparoscopic surgery to remove the Mirena® IUD when an ultrasound showed that the device was no longer inside the uterus. The lawsuit alleges that the device caused the Plaintiff to suffer a number of damages, including severe and permanent physical injuries, substantial pain and suffering and economic loss in the form of medical expenses.
The lawsuit alleges that the Defendants are liable for the Plaintiff’s injuries due to their wrongful and negligent conduct as well as the harmful and defective nature of the device. The suit alleges that the Defendants failed to warn about the risk of spontaneous migration; the current warning only states that the Mirena® IUD may perforate the uterus during insertion.
According to the U.S. Food and Drug Administration (FDA), the most serious side effects associated with Mirena® IUD include:
- Perforation of the uterine wall
- Ectopic pregnancy
- Intrauterine pregnancy
- Group A streptococcal sepsis
- Pelvic inflammatory disease (PID)
- Embedment of the device in the uterine wall
In 2009, Bayer was contacted by the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) over false and unsubstantiated claims they made about Mirena® in their “Simple Style” program. The script for the program claimed that using the Mirena® IUD would increase libido and help women “look and feel great” and did not require any type of monthly routine. According to the DDMAC, there is no evidence to support any these claims. Furthermore, the agency said that these claims were also misleading because Bayer failed to mention a number of side effects, including weight gain, acne and breast pain.
Recently, a petition has been filed to consolidate Mirena® lawsuits into a multidistrict litigation (In Re: Mirena IUD Product Liability Litigation, Case No. 1:12-CV-2780). Plaintiff’s attorneys have filed a motion to centralize cases in the U.S. District Court for the Northern District of Ohio, Eastern Division, before the Honorable Patricia A. Gaughan.
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