Hearing Scheduled to Discuss Consolidating Mirena IUD Lawsuits into Multidistrict Litigation (MDL)

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Hearing Scheduled to Discuss Consolidating Mirena IUD Lawsuits into Multidistrict Litigation (MDL)Overview: Mirena IUD litigation appears to be moving forward as a hearing has been scheduled for later this month to consider consolidating Mirena lawsuits into a federal multidistrict litigation (MDL). If an MDL is established, lawsuits alleging that the Mirena IUD caused serious injuries will be centralized before one judge in one court in order to make pretrial proceedings more efficient. In light of the growing number of lawsuits against Bayer over the contraceptive device, an MDL is looking more plausible.

  • A hearing to discuss the potential Mirena MDL has been scheduled for March 23rd in San Diego, California
  • An MDL consolidates lawsuits with common questions of fact before one court and one judge
  • Mirena lawsuits allege that the IUD causes injuries such as uterine perforation and ectopic pregnancy; the Plaintiffs also allege that Bayer failed to warn about these risks

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

Mirena Litigation Update

The United States Judicial Panel on Multidistrict Litigation has scheduled a hearing to discuss possibly consolidating Mirena lawsuits into a federal multidistrict litigation (MDL). According to the JPML’s Notice of Hearing Session, the Mirena hearing is scheduled for March 23rd in San Diego, California. Plaintiff’s attorneys in the litigation 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. An MDL is when a number of lawsuits have common questions of fact; in the case of Mirena, Plaintiffs allege that the IUD caused injuries such as uterine perforation and ectopic pregnancy. Unlike a class action, where several Plaintiffs file one claim and split the settlement, an MDL involves that are lawsuits are filed individually and settlements are done on a case-by-case basis. By consolidating the suits before one court and one judge however, duplicate discoveries are more easily avoided and pretrial proceedings are generally more efficient; this helps speed up the litigation process.

Mirena IUD Complications

Bayer’s Mirena IUD was approved in 2000. As an intrauterine device, it is placed inside the uterus where it can be left for years at a time to prevent pregnancy. Although Bayer markets Mirena as an easy way to have a long-term form of contraception, lawsuits allege that the company has failed to warn about the risks of using the IUD. A number of lawsuits allege that Mirena perforated the uterus, migrated outside of it and became embedded elsewhere in the body, prompting the need for surgery.