Bayer Seeks to Oppose Consolidation of Mirena IUD Lawsuits into MDL

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Bayer Seeks to Oppose Consolidation of Mirena IUD Lawsuits into MDLOverview: Yesterday, Bayer sought to prevent Mirena IUD lawsuits from being consolidated into a federal multidistrict litigation. According to Reuters, over 40 lawsuits have been filed in federal courts alleging that the contraceptive device caused injuries. Plaintiffs allege that Bayer failed to adequately warn that the IUD may spontaneously move from its intended location and perforate the uterus, sometimes becoming embedded in other areas of the body.

  • Yesterday, a hearing was held in San Francisco to discuss a possible MDL for Mirena IUD lawsuits
  • Bayer opposed the motion; MDLs are intended for lawsuits with common questions of fact, they help make litigation for efficient
  • Parker Waichman LLP has filed a number of lawsuits on behalf of Mirena users

Product: Mirena® intrauterine device (IUD)

Manufacturer: Bayer, Inc.

Side Effects & Complications

  • Miscarriage
  • Infertility
  • Intrauterine pregnancy
  • Streptococcal sepsis
  • Pelvic inflammatory disease
  • Perforation of cervix or uterine wall

San Diego Hearing

Yesterday, the United States Judicial Panel on Multidistrict Litigation held a hearing session to discuss possibly centralizing Mirena lawsuits into a federal multidistrict litigation (MDL). An MDL is established where there is complex litigation involving common questions of fact. By consolidating pre-trial proceedings, litigation can be processed more efficiently. According to Plaintiffs’ attorneys, centralizing cases can also allow Plaintiffs to share costs that would normally by unaffordable to many, such as experts’ fees. Bayer has sought to oppose a Mirena MDL, arguing that it would encourage more people to file lawsuits. Plaintiffs’ attorneys have requested that the MDL be established in the U.S. District Court for the Northern District of Ohio, Eastern Division, before the Honorable Patricia A. Gaughan.

Mirena IUD Lawsuits

Lawsuits filed over Mirena allege that Bayer failed to warn about the risks of the contraceptive device. In particular, Plaintiffs allege that Bayer failed to warn that the device can spontaneously migrate and perforate the uterus, sometimes becoming embedded in other parts of the body. In many cases, surgery is needed to retrieve Mirena. According to Reuters, more than 40 such lawsuits have been filed in federal courts across the country.