The Mirena IUD multidistrict litigation (MDL) against Bayer Pharmaceuticals is continuing with the discovery phase, where lawyers from both sides will gather evidence to be used in trying hundreds of Mirena lawsuits pending in the Mirena MDL.
An MDL is a type of group lawsuit, similar to a class action lawsuit. The main difference between an MDL and a class action lawsuit is that in an MDL, every allegedly-injured party has their own legal counsel, while in a class action lawsuit, all of the allegedly-injured parties are represented by a single lawyer or legal team.
The Mirena IUD is a form of reversible birth control, designed to be inserted into the uterus by a physician. However, hundreds of individual lawsuits have alleged that women have suffered from serious complications from the Mirena IUD. At present, Bayer is the defendant in a major MDL involving side effects allegedly associated with the Mirena IUD.
According to a new Case List issued on Feb. 7, 2014, at least 570 Mirena IUD lawsuits are pending in the MDL.
Thousands Report Mirena IUD Injuries
Since the Mirena IUD was approved, thousands of complaints have surfaced. The U.S. Food and Drug Administration (FDA) has received more than 70,000 “adverse event reports,” or reports of Mirena IUD complications. These included reports of pain, permanent sterility and perforation—a situation where the IUD punctures through the wall of the uterus and causes damage to abdominal organs.
Some of these Mirena IUD complications allegedly required surgical intervention. These alleged Mirena IUD side effects have resulted in hundreds of lawsuits which have been merged into a single MDL. Most of the Mirena IUD lawsuits have focused on perforation of the uterus and subsequent migration.
The MDL is currently in the discovery phase of the proceedings. Discovery is the process of amassing evidence for a trial. In the Mirena MDL, the evidence could include reports of failure, medical documents, and expert testimony on the issues allegedly linked to the Mirena IUD. It could also involve getting subpoenas for documents and other evidence from Bayer, since medical supply companies are required to maintain detailed records on adverse reports and technical details of their products. At present, all discovery is set to be completed by September 2014.
One issue that has come up in Mirena litigation is that in 2009, the FDA issued Bayer a warning letter. This letter advised Bayer that the marketing for Mirena was exaggerating the benefits of the device, indicating that it could be used for purposes not approved by the FDA, and that Bayer was downplaying the risks associated with the device.
According to a report that aired on ABC News in August 2013, more than 4,755 women reported Mirena IUD dislocation, 3,774 complained about abdominal pain, and 1,322 reported the IUD had perforated the uterus since 2008.
The Mirena IUD MDL is formally titled In Re: Mirena IUD Products Liability Litigation, MDL No. 2435, in the U.S. District Court for the Southern District of New York.
If you or a loved one suffered from complications after using the Mirena IUD, you’ve almost certainly been through a trying ordeal. But you need to remember that you still have rights, and there are steps that you can take to regain a measure of control you’re your situation. You can start by visiting the Birth Control Lawsuits: Mirena IUD Injury Class Action Lawsuit Settlement Investigation. Here, you can enter information about your situation for a legal review by a trained expert with a background in this type of litigation. The initial consultation is completely free of charge, and from it, you can receive additional guidance on the best steps to take in your exact situation.
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