Mirena Lawsuit Settlement & Compensation

Over 1,000 women around the United States await a Mirena IUD settlement or jury award to compensate for injuries they believe were caused by a defective and/or malfunctioning contraceptive device.

Bayer released and marketed theMirena IUD (intrauterine device) after the FDA approved the contraceptive product in 2000. The first Mirena injury lawsuit was filed shortly after the birth control device hit the market. As of February 2014, there are 408 claims consolidated under multidistrict litigation in United States Federal Court in White Plains, New York, and another 636 suits are pending in New Jersey’s Bergen County Superior Court.

Multidistrict litigation is formed when there are a large number of lawsuits filed against one defendant or group of defendants. Federals cases around the country are consolidated in an effort to streamline pre-trial proceedings such as discovery, depositions, and mediation. However, once each complaint reaches the point of a trial, it is transferred back to the district court it was originally filed in for final resolution.

The cases filed in New Jersey state courts have also been consolidated under a similar process as multidistrict litigation referred to as multi-county litigation.

Status of Mirena lawsuits

The first Mirena bellwether trials were originally planned for early spring 2014. However, recent reports indicate the first bellwether trial may not begin until as late as June. Usually, both the defendants and the plaintiffs look forward to the outcomes of the bellwether trials because they give an indication of how juries will react to the evidence and testimony, and more importantly the compensation, or lack of, awarded to the plaintiffs.

Bayer is already in the midst of thousands of lawsuits for another birth control product that has allegedly caused severe side effects to about 10,000 plaintiffs. According to Bayer, the manufacturer has set aside over $1 billion for eventual settlement payouts over the birth control drugs known as Yaz and Yasmin.

The lawsuits for the Bayer birth control products contain common allegations that Bayer failed to adequately warn about the risks women were facing, and induced women to use the products through fraudulent advertising practices.

Concerning Yaz and Yasmin, Bayer told Fox News, “The company stands by the drug and says it is safe if used as directed.” Bayer told ABC News, “Bayer continues to stand behind Mirena as an important option for women who have had a child and are seeking a safe and effective contraception option.”

Likely, the plaintiffs waiting for Mirena lawsuit settlement talks are hoping Bayer decides to set aside another large amount of money for resolution of the current cases. Before engaging is settlement talks, Bayer will probably wait for the jury decisions for some or all of the bellwether trials.

The juries will need to decide three main factors:

• Did the Mirena IUD cause the plaintiff injury?
• Did Bayer know about and communicate the possible side effects (injuries) appropriately?
• Did the company engage in false advertising?

“What these people aren’t being told is that at any time after this device is in place,” one attorney said to ABC News. “It can perforate the uterus and cause these complications.”

“There’s nothing in the warning that gives these individuals any idea that once they walk out of their doctor’s office with this device in place that they need to be cognizant of this risk.”

FDA actions in regard to Mirena

The FDA indicates that between April 2008 and April 2013 there were a total of 59,073 reports of adverse events involving Mirena. The report may be an indicator of the number of future lawsuits against Bayer, especially when news of the Mirena IUD lawsuits and the allegations associated with the complaints, such as the company’s marketing strategies, reaches the general public.

The FDA sent a letter to Bayer regarding some of its marketing practices stating, “The program overstates the efficacy of Mirena, presents unsubstantiated claims, minimizes the risks of using Mirena, and includes false or misleading presentations regarding Mirena. Thus, the program misbrands the drug in violation of the Federal Food, Drug, and Cosmetic Act.”

Common Mirena complaints

Many of the Mirena lawsuits indicate that the plaintiffs’ injuries occurred after the device migrated from the uterus. Allegedly, after the IUD migrates, many women experienced painful side effects.

Mirena side effects may include:

• Uterine perforations
• Embedding into the uterine wall
• Organ damage
• Ectopic pregnancy
• Infertility
• Surgical removal of the device

Many, if not all, of the complaints allege the Mirena label does not adequately warn of the possible side effects, but only warns of migration in the event the device perforates the uterus during insertion.

Possible Mirena IUD side effect symptoms include:

• Skin and eyes turning yellow
• Pain during intimate relations
• Pale skin that bruises easily
• Weakness
• Dizziness
• Pelvic cramps and pain
• Vaginal discharge, sores, or bleeding
• Abscess

Resources Resources