Dallas Fort Worth Injury Lawyer Blog
As a Texas Mirena IUD Perforation and Injury Attorney, Dr Shezad Malik is reviewing potential Mirena lawsuits involving patients who were implanted with the intrauterine device (IUD) Mirena® but had to have the device surgically removed after it perforated the uterine lining.
Recently an Arkansas woman filed a product liability lawsuit that claims her Mirena intrauterine device perforated her uterus and was found free in her pelvis, causing severe injury.
Susan Harp, 29, filed the Mirena lawsuit in the U.S. District Court for the Eastern District of Arkansas. Harp alleges that Bayer Healthcare failed to adequately warn women or their doctors about the risk of the contraceptive implant puncturing vital organs and failing to protect against pregnancy.
What is Mirena IUD?
The Mirena IUD is a t-shaped birth control device that is implanted in the uterus for up to five years. It is designed to be easily removable and is advertised as a method about worrying about birth control. The IUD device also releases female hormone called levonorgestrel, a progestin developed to keep ovaries from releasing eggs.
Mirena Lawsuit Allegations
According to Harp, Bayer knew or should have known that Mirena was dangerous and posed a substantial risk of harm that may outweigh any benefits provided by the birth control. Furthermore, the complaint alleges that Bayer engaged in deceptive advertising by implying Mirena improved their sex lives and made women look and feel better.
Harp had the Mirena implanted in January 2006. In 2010 Harp sought medical treatment for severe abdominal pain and vomiting. A CT scan documented that the Mirena was free within her pelvis. Harp had to undergo laparoscopic surgery to have the Mirena removed.
DHHS Warning Letter
In December 2009, The U.S. Department of Health and Human Services (DHHS) told Bayer it was making unsubstantiated claims that using Mirena would increase the intimacy, romance and emotional satisfaction of sex.
Number of Mirena Lawsuits Expected to Increase
According to plaintiff attorneys the number of Mirena defective product liability lawsuits is expected to increase as more and more women continue to become aware of the risks associated with device. These women claim painful and debilitating side effects from Mirena birth control, including migration of the device from its initial implant location, perforation of the uterus and other organs, infections and abscesses.
Multidistrict Litigation Designation Pending
In late March the JPML has scheduled a hearing regarding the federal consolidation of nationwide federal Mirena lawsuits into an MDL or Multidistrict Litigation in one federal court. Federal consolidation is common in pharmaceutical and medical device complex litigation. The MDL is beneficial for pre trial discovery, in that it reduces duplicative discovery, allows all the plaintiffs and defendants to be under one roof and avoids disparate rulings from different judges.
With early trial dates and plaintiff verdicts, then that can pave the way to a global settlement.