Number of Mirena IUD Lawsuits Growing Rapidly, Exponentially
Oklahoma women who have used a Mirena IUD and have experienced severe side effects should take note of the more than 1,200 federal and state Mirena IUD lawsuits now under way against Bayer Healthcare Pharmaceuticals. The lawsuits are the result of the gruesome consequences many women have experienced from using the birth control device.
At the federal level, the Judicial Panel for Multidistrict Litigation reported 484 pending cases as of April 15. Federal cases from across the country have been consolidated in the Southern District of New York before Judge Cathy Seibel. The number of federal cases has far more than doubled in the last six months, since an Oct. 17 report of 211 cases in the “Mirena IUD Products Liability Litigation MDL.”
At the state level in New Jersey, more than 740 cases are now pending in a multicounty litigation (MCL), according to an April 24 online posting. The MCL is in Bergen County Superior Court before Judge Brian R. Martinotti. Because Bayer Healthcare Pharmaceuticals is headquartered in New Jersey, lawsuits filed in that state cannot be forced into consolidation with the federal MDL.
The 740 total cases is many times larger than then 200+ cases that were pending in New Jersey just six months ago. The hundreds of plaintiffs are residents of numerous U.S. states.
The Mirena IUD is a plastic, T-shaped device which is inserted in the uterus, where it releases the hormone levonorgestrel. However, the device sometimes becomes dislodged from its position in the uterus, sometimes perforates the uterine wall, and sometimes migrates to other parts of the body. These outcomes have often required multiple surgeries to locate and remove the migrating device as well as to repair tissue damage caused by a migrating device. All cases in the New York MDL involve spontaneous migration of the device and/or uterine perforation.
Plaintiffs complain in their lawsuits that Bayer Healthcare Pharmaceuticals failed to sufficiently warn doctors and the public of the possible side effects of the birth control device. Mirena IUD users have reported device migration, uterine perforation, infections, pelvic inflammatory disease, sepsis, ectopic pregnancy, miscarriage, infertility and abdominal pain. The FDA has received more than 70,000 complaints from Mirena IUD users since the product went on the market in 2000.
Plaintiffs complain that Bayer promoted use of the device using misleading marketing which exaggerated the device’s benefits while not adequately acknowledging its risks.
First Trials in 2015?
The first trials at both the federal and state levels are expected sometime in 2015. In the New York MDL, Judge Seibel announced earlier this month the process by which the bellwether cases will be selected. Plaintiffs and defendants are each to submit a list of 12 cases by June 3, from which the bellwether cases will be chosen. In a multi-district litigation, bellwether cases are the first to go to trial. The outcomes of those cases set the standard by which many of the remaining cases ultimately reach settlements.
In the New Jersey MCL, the cases are working through several discovery issues, according to recent orders posted on the Bergen County court’s website. The first trials are not expected to start until the last half of 2015. A case management conference is set for May 13.
Newsweek Report: The Story of “K”
Last week, Newsweek magazine ran a report on Mirenu IUD lawsuits: “The Courtroom Controversy Behind Popular Contraceptive Mirena.”
The article begins with the horrifying story of “K.” After having a Mirena IUD inserted, K gained 50 pounds, became tired and moody, had to discontinue intercourse because it was too painful, and her hair began falling out in clumps.
When K asked her doctor to remove the device, the doctor discovered that the device had moved. It had perforated her uterus and migrated to her abdomen. Surgery was required to remove it. However, scar tissue caused by the migration caused more problems, and K has undergone four subsequent surgeries to remove scar tissue. At age 24, K has also had a hysterectomy.
Are You an Oklahoma Resident with Mirena IUD Problems?
For more information about the Mirenu IUD, the criteria for a Mirena lawsuit and your rights as an Oklahoma citizen who has experienced Mirena IUD adverse effects, see our webpage: “Mirenu IUDs: Severe Side Effects; Lawsuit Criteria.”
Contact Hasbrook & Hasbrook at 866-416-4737 or by using our Contact Form for a free consultation.