January 24, 2013 – As the number of lawsuits from patients injured by Mirena migration and perforation continue to grow, victims got an indication this week of where those cases may ultimately be headed.
Plaintiffs asked a federal judicial panel to consolidate the claims to one central multi-district court instead of a Mirena class action lawsuit.
Although Mirena has been on the market since 2000, it has gained negative attention of late after the FDA disclosed receiving more than 45,000 reports of complications among users. More than 5,000 of these involved dislocation and nearly 1,500 experienced migration of the IUD, which can perforate or damage the uterine wall and other organs. In more than 6% of cases, patients required hospitalization or surgery.
The FDA already warned Bayer about the marketing of Mirena in 2009, after they failed to disclose safety risks while claiming the devices could help busy moms with intimacy and make them “look and feel great.”
Although there has not been a Mirena recall, lawyers are helping those affected file claims against the manufacturer, Bayer.
Due to the rising number of claims, Bayer had asked the New Jersey Superior Court to move the cases closer to its headquarters in Middlesex County, New Jersey. That request was denied on January 8th.
Now, victims have acted with their own petition, asking a federal judicial panel to consolidated cases to a special Multi-District Litigation court in Ohio. The petition estimates that, with more than 2 million Mirena users, hundreds of perforation cases may be filed.
Litigation in a MDL court would allow those injured to maintain separate Mirena lawsuits while sharing evidence in a common court, which could result in a larger recovery than a Mirena class action lawsuit.
Without a Mirena recall, the federal lawsuits could be the only recourse for victims and the best way to ensure that others know of the danger of the devices.
If you or a loved one suffered dislocation, perforation, embedment or migration of a Mirena device which required surgery, it is important to speak with a lawyer to learn your legal options. Due to the specialized nature of federal MDL drug injury cases, the Drug Risk Resource Center only recommends lawyers who are already handling Mirena lawsuits.
Contact us today for more information on the research, side effects and litigation news related to Mirena, or to speak with a lawyer.