Mirena Lawsuit Settlement Information

Two million American women have used the Mirena IUD manufactured by Bayer according to the National Law Journal. While the use of any birth control carries some risk, trouble arises if users are not adequately warned.

As of April 8th, there were about 50 cases consolidated before U.S. District Judge Cathy Seibel in White Plains, New York. There are another 113 Mirena lawsuits pending in New Jersey state courts and potentially thousands of additional lawsuit filings and personal injury settlements expected.

Plaintiffs seek Mirena lawsuit settlement or jury award

The first status conference in the MDL happened on May 17, 2013. At this hearing, four male lawyers asked to be appointed to the Mirena multidistrict litigation proceeding. However, U.S. District Judge Cathy Seibel asked that some women be appointed to leadership positions. “I think that’s important,” she said, adding that “female attorneys could relate to [plaintiffs’] challenges and promote that empathy to a judge or jury.”

The lead lawyer for defendant Bayer is a woman, with more female lawyers expected to be assigned. During the conference, representatives from Bayer told the judge that they are prepared to “vigorously defend itself against these claims,” and that they “have a lot of faith in [their] warnings.” They explain that the packaging material warns of “spontaneous migration,” and point out that the product is still on the market with no past history of recalls.

Judge Seibel also expressed concern that the plaintiffs’ side might be “too top-heavy,” with multiple leadership teams doing some of the same work and asked that lawyers bill by task, so she could spot unnecessary duplicate work.

MDL bellwether trials expected soon

The May 17 hearing concluded with the decision to select a gender-diverse steering committee in the coming days. From there, a few bellwether trials are expected to commence to see how juries respond to the positions presented. These early trials are important in helping both sides gauge the strengths and weaknesses of their cases.

The first Mirena IUD lawsuits were filed against Bayer in 2011, so attorneys are glad to see the cases finally moving forward. If the plaintiffs present a particularly strong case in the early bellwether trials, it is possible that Bayer will move toward an early Mirena lawsuit settlement, rather than pay the expense of lengthy litigation. If no settlements are reached, each case may be remanded back to the courts where they were first filed for individual trial dates.

Plaintiffs allege similar Mirena side effects

The plaintiffs claim that the Mirena IUD has caused unanticipated side effects, such as uterine perforation, device migration and pelvic pain. At the very least, women have become pregnant while on Mirena. At worst, women have developed Mirena infertility due to uterine perforation and organ damage. Many claimants required surgery to remove the device. Mirena lawyers say that they expect compensation for their clients because Bayer’s warnings only pertain to incidents that occur during implantation – not uterine perforation that occurs five years down the road.

Judges and juries will consider compensation criteria

Over the coming months, judges and juries will consider whether Bayer is liable for designing and marketing a defective drug, or failing to provide adequate warnings on potential side effects of Mirena.

Some of the charges against Bayer include:

• Defective design
• Defective manufacturing
• Negligence
• Failure to warn
• Strict liability
• Breach of express warranty
• Breach of implied warranty
• Fraudulent concealment
• Fraudulent misrepresentation

Plaintiffs may seek a Mirena lawsuit settlement that includes damages for:

• Past and future medical expenses
• Lost wages
• Attorney costs and fees
• Diminished quality of life
• Loss of consortium
• Emotional distress
• Needless pain and suffering

The amount of compensation rendered in personal injury settlements or jury awards will depend upon the specific facts presented in each case. The courts will look at the severity of the Mirena IUD injury, the extent to which the plaintiff was aware of the risks associated with the device, as well as the physical, emotional and financial burden placed upon the plaintiff and her loved ones.

Future of Mirena litigation

Bayer is currently embroiled in multidistrict litigation for another product they manufacture. The Yaz and Yasmin birth control MDL carries the largest active case load in the United States, which has already resulted in millions paid out in lawsuit settlements to plaintiffs alleging life-threatening injuries.

It remains to be seen if Bayer will negotiate Mirena settlements in similar fashion or if they will proceed on a case-by-case basis. If the judge requests pre-trial mediation, a special master who has presided over thousands of similar lawsuits will come in to “negotiate terms” between the defendant and the plaintiffs. In the Yasmin / Yaz litigation, Bayer believed it would be less expensive to negotiate this way, rather than deal with protracted litigation. On the other hand, Bayer may try to battle it out in court instead of offering a Mirena lawsuit settlement to injured plaintiffs.