As more and more lawsuits continue to be filed against Bayer Healthcare Pharmaceuticals over injuries caused by the manufacturer’s Mirena IUD (intrauterine device), the United States Judicial Panel on Multidistrict Litigation (MDL) ordered that all federal Mirena injury lawsuits be consolidated into a multidistrict litigation in the U.S. District Court for the Southern District of New York.
In Re: Mirena IUD Products Liability Litigation, MDL No. 2434
The MDL, approved by the Panel on April 8 2013 and known as In Re: Mirena IUD Products Liability Litigation, MDL No. 2434, consolidates lawsuits alleging that Mirena can migrate and/or perforate the uterus, causing serious injury, and that the pharmaceutical giant failed to warn women of these known risks. Plaintiffs also allege that Bayer was not completely honest with them about the benefits and risks of Mirena.
Specifically, they point to two U.S. Food & Drug Administration (FDA) letters issued to Bayer in March and December of 2009 accusing the company of:
- Downplaying the serious health risks of Mirena
- Failing to communicate proper risk information to women and their doctors
- Overstating the effectiveness of Mirena
- Sponsoring misleading links on internet search engines
Bayer marketed Mirena to “busy moms” and touted the device’s ability to help women “look and feel great” and heighten sexual intimacy with their partners. While many users have never experienced these perceived benefits, they have experienced serious Mirena side effects, such as perforation of the uterus and/or intestines, migration of the device from the implant site requiring removal surgery, internal bleeding and organ damage, infertility, ectopic pregnancy and more.
What The Mirena MDL Hopes To Accomplish
The Mirena MDL will allow plaintiffs and defendants to handle pretrial issues collectively and avoid the time it would take to do so on an individual basis. Unlike a class action lawsuit, an MDL allows each lawsuit to return to its original venue for trial if a settlement cannot be reached during the MDL process. It does not affect the ability to file a new lawsuit, so if you have been injured by Bayer’s Mirena IUD, contact The Driscoll Firm, LLC, to discuss your situation and find out how the MDL might affect your case.
