Teen Sues Pfizer after Mirena IUD Perforates Her Uterus

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She was just 18 years old when Marylyn Espinoza opted for Mirena IUD as her go-to form of birth control. Mirena is made of plastic and emits tiny amounts of hormones, which often results in great perks like lessened PMS and no menstrual cycle at all. Victims like Espinoza, however, are saying that the less beloved risks were kept hidden by its maker, Pfizer.

Espinoza heard great things about the IUD birth control and had the Mirena product inserted in or about February 2008. Espinoza tolerated the procedure well and did not have any reason to suspect that the Mirena perforated her uterus, her lawsuit says. Following the Mirena insertion, Espinoza’s physician conducted a placement check and determined the Mirena IUD was in place. On or about April 2012 a CT scan revealed that her Mirena had perforated her uterus and was located near her bowels.

Espinoza “underwent a laparoscopic removal of her Mirena on April 25, 2012, where Plaintiff’s Mirena was found to be near her bowels. Although Plaintiff followed all instructions accompanying the Mirena and used the Mirena as directed, after implant of the Mirena Plaintiff suffered serious and life-threatening side effects and injuries, including but not limited to abdominal pain, surgical removal of her Mirena and related sequelae requiring hospitalization, medical therapy, continuing treatment, and medical monitoring. Further personal injuries suffered by Plaintiff include, but are not limited to, pain and suffering, permanent bodily impairment, mental anguish and diminished enjoyment of life,” the Mirena lawsuit states.

Espinoza alleges in the Mirena lawsuit that the IUD makers knew about the risks of IUD migration and perforation but failed to properly warn of them.

Furthermore, Espinoza claims that she “did not suspect, nor did she have reason to suspect, that wrongdoing had caused her injuries, nor did Plaintiff have reason to suspect the tortious nature of the conduct causing the injuries, until recently and has filed the herein action well within the applicable statute of limitations period. Plaintiff had no knowledge of the defects in the Mirena and the wrongful conduct of Defendant as set forth herein, nor did Plaintiff have access to the information regarding other injuries and complaints in the possession of Defendant.

“Additionally, Plaintiff was prevented from discovering this information sooner because Defendant herein misrepresented and continue to misrepresent to the public, to the medical profession and to Plaintiff that the Mirena is safe and free from serious defects and side effects, and Defendant has fraudulently concealed facts and information that could have led Plaintiff to an earlier discovery of potential causes of action.”

Bayer is facing countless Mirena IUD lawsuits like Espinoza’s.

“The package labeling recommends that Mirena be used in women who have had at least one child. Mirena’s label does not warn about spontaneous migration of the IUS, but only states that migration may occur if the uterus is perforated during insertion. Mirena’s label also describes perforation as an ‘uncommon’ event, despite the fact that there are numerous women who have suffered migration and perforation post-insertion, clearly demonstrating this assertion to be false,” Espinoza’s Mirena lawsuit says.

In some cases, Mirena can permanently damage the body and lead to infertility, painful sex, and a lifetime of pain and suffering. If the IUD perforates in a particularly vulnerable place, it can even be deadly.

While Espinoza was making every effort to be a responsible teenager, she innately trusted her doctors and providers of medical devices to provide adequate warnings so she could make the best choice. Sadly, that choice was taken out of her hands. Mirena was one of the most profitable birth control options on the market in the early 2000s, largely because of the promises for positive side effects.

Bayer’s False Promises

In addition to touting a faulty device as safe, Bayer is also under fire by the U.S. Food and Drug Administration (FDA) for exaggerating positive claims, such as with the Simple Style Program which promises a better sex life for Mirena users along with clearer skin.

“In or around December 2009, Bayer was contacted by the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) regarding a consumer-directed program entitled “Mirena Simple Style Statements Program,” a live presentation designed for “busy moms.”

The Simple Style program was presented in a consumer’s home or other private settings by a representative from “Mom Central,” a social networking internet site, and Ms. Barb Dehn, a nurse practitioner, in partnership with Defendant.”

However, “The portion of the Simple Style script regarding risks omitted information about serious conditions, including susceptibility to infections and the possibility of miscarriage if a woman becomes pregnant on Mirena,” Espinoza’s lawsuit states.

Espinoza is suing Bayer for defective manufacturing, design defect, negligence, failure to warn, strict liability, breach of warranty, fraudulent and negligent misrepresentation, fraud by concealment and violation of consumer protection acts.

The case is Marylyn Espinoza v. Bayer Healthcare Pharmaceuticals Inc., Case No.: 0:14-cv-00003-PAM-JSM, in the United States District Court for the District of Minnesota.

Did Mirena Cause You Harm?

If you’re one of the many women who tried Mirena and experienced problems like IUD migration and perforation of nearby organs, you might have a Mirena legal claim. Learn more and obtain a free case evaluation when you visit the Mirena IUD Injury Class Action Lawsuit Settlement Investigation. You may qualify to pursue compensation for medical bills, lost wages, pain and suffering, and more.