The Superior Court of New Jersey has directed the parties involved in the intrauterine device (IUD) litigation to select cases that may be chosen for the second Mirena trial.
In a March 17 order, the court directed each side to select seven cases for potential inclusion in the Second Disposition Pool for In Re: Mirena Litigation, Case No. 297 in the Superior Court of New Jersey Law Division: Bergen County. Raymond C. Silverman, who is a partner at Parker Waichman LLP, has been appointed co-lead counsel in the litigation.
Each side must report its selections to the court by email, by 4:00 p.m. Eastern time on July 2, 2015. For a case to be eligible, the core criteria section in the plaintiff fact sheet must be completed by May 1, 2015 and the order indicated that the cases selected should be representative of the issues and not have unique or idiosyncratic circumstances.
Thousands of women have filed lawsuits against Bayer HealthCare Pharmaceuticals, the maker of Mirena, alleging they suffered injuries because of the device. The small, t-shaped device, which is implanted in the uterus by a doctor, prevents conception by releasing a daily dose of the hormone progestin levonorgestrel. Mirena can be left in place for up to five years. But when the device does not remain properly in place, it can cause complications, including pain, infection, and organ damage. Reports to the Food and Drug Administration (FDA) indicate that the device sometimes becomes embedded in the uterine wall or even perforates the uterus and migrates into the abdominal cavity.
Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, said the firm is pleased that the litigation is “moving forward,” and coming closer “to ensuring justice for those women who have alleged suffering serious, life-changing injuries as a result of the Mirena system.”