Mirena Lawsuit MDL Lead Attorneys Appointed By Judge Seibel

U.S. District Judge Cathy Seibel has appointed four attorneys to serve in leadership roles in multidistrict litigation (MDL) No. 2434, which centralizes federal Mirena birth control lawsuits alleging similar injuries and complications. The judicial order was given on May 22, 2013, in the U.S. District Court for the Southern District of New York – site of the consolidated products liability litigation for the Mirena IUD.

The MDL was established to help streamline pretrial proceedings, allowing plaintiffs and their lawyers to pool resources in the discovery process, and avoid delays caused by conflicting rulings. All qualifying cases will be removed to Mirena lawsuit MDL, but each plaintiff retains his or her right to an individual trial if settlements aren’t reached beforehand.

Mirena birth control lawsuits centralized for pretrial proceedings

The MDL was created on April 8, 2013, at which time nearly 50 lawsuits were transferred to the New York federal court. The docket continues to expand, as more cases alleging Mirena IUD birth control complications join the MDL as “tag-along” actions. Plaintiffs level charges of failure to warn, defective design, manufacturing defect, misrepresentation, breach of warranty and failure to adequately test the IUD for complications.

The plaintiffs’ newly appointed lead counsel will have key responsibilities during early preparations, including conducting discovery, arguing motions and entering discussions with Bayer Healthcare regarding potential Mirena lawsuit settlements. Judge Seibel has asked the Lead and Co-Lead Counsel to submit proposals regarding their choices for other lawyers who would serve on the plaintiffs’ Steering Committee.

Women allege life-threatening injuries from Mirena

At the core of Mirena birth control lawsuits is the allegation that Bayer understated the device’s potential dangers and side effects, advertising the IUD as a safe, effective contraception for busy, active moms. Women claim that Bayer failed to warn about the risk of spontaneous Mirena migration, which has been reported by dozens of plaintiffs. Device migration, which can occur months or even years after implantation, often results in horrific complications.

Mirena IUD birth control complications cited by women include:

• Abscesses
• Chronic infection, including PID
• Uterine perforation
• Bleeding
• Painful sexual intercourse
• Organ perforation
• Ectopic pregnancy
• Infertility
• Need for surgical removal 

Bayer says that since launching the Mirena IUD in 2001, it has cautioned about the risk of uterine perforation and warned consumers and health care providers to monitor for signs of IUD migration by checking for the strings attached to the device. Plaintiffs counter that these warnings were inadequate, and that the company only mentioned perforation risk at the time of implantation.

Many of these injured women were in their 20’s, as was Desaree Nicole Johnson, who brought her lawsuit against Bayer after suffering perforation of the uterus, which required corrective surgery.  After having a miscarriage, she says she now fears she may be infertile due to the damage from Mirena. She joins the scores of women who are suing Bayer for past and future medical expenses, lost wages, pain, suffering and emotional trauma after incurring injuries from the Mirena IUD.

Mirena birth control lawsuits further contend that manufacturer Bayer is guilty of downplaying adverse Mirena side effects, and that the company should be held accountable for their physical, mental and financial suffering.