Lawsuit Alleges Bayer Concealed Risk of Mirena IUD Migration

Plaintiff Rachel Hermosillo has filed a lawsuit against Bayer, alleging that their contraceptive device  Mirena caused her substantial medical harm.

The Mirena IUD is designed to be implanted in a woman’s uterus by a physician. Once it place, IUDs are designed to provide long-term birth control, through a combination of barrier and hormone-based contraception. However, lawsuits and recalls have alleged that the Mirena IUD may have dangerous complications, including perforation, embedment, and migration of the device from the uterine cavity.

Accord to her lawsuit, Hermosillo received the Mirena IUD in August of 2011. When it was initially implanted, there was no sign of migration. However, Hermosillo began to experience abdominal pain and other complaints. Her physicians eventually discovered that the IUD had migrated, or punctured the uterus and moved around within the abdomen. This required surgical removal in October of 2012, and related hospital care.

Hermosillo’s lawsuit alleges that the Mirena IUD was flawed from the design stage onwards, that Bayer knew about the risk of complications associated with Mirena, and that they deliberately concealed the risks from the public and medical communities. The lawsuit asserts that Bayer had a duty to thoroughly test the device and perform postmarket surveillance, which reasonably should have uncovered these risks. The lawsuit further asserts that Hermosillo could not have found out about these risks through reasonable efforts, since Bayer had not warned the public adequately, and further states that she would have never used the device had she understood the risks associated with the Mirena IUD.

The lawsuit alleges that the spontaneous migration of the device caused Hermosillo serious pain and suffering, and brought her monetary hardship in the form of medical costs and lost wages. Her suit states that she may require long term medical care and monitoring above and beyond her emergency surgery and immediate medical follow-up. She is seeking more than $75,000 in damages. Her lawsuit joins others in multi-district litigation against Bayer. Multi-district litigations or MDLs are a form of group lawsuit, similar to class action suits, where a group of plaintiffs allege that a single defendant has caused them all harm by similar means.

The lawsuit is Rachel Hermosillo vs. Bayer Healthcare Pharmaceuticals Incorporated, a Delaware Corporation, Case No. cv-13-01479, filed within the MDL In Re: Mirena IUD Products Liability Litigation, MDL No. 2434. The case was filed in the United States District Court for the Central District of California (Eastern District).

Help for Victims of Mirena IUD Complications

If you or a loved one had a Mirena IUD inserted after January 1, 2000 or later and had to have surgery – or will be required to have surgery – to have it remove because it migrated, you may be eligible to take legal action against the manufacturer. Filing a Mirena IUD lawsuit may help you recover compensation for medical bills, pain and suffering and other damages. See if you qualify by filling out the short form at the Mirena IUD Injury Class Action Lawsuit Settlement Investigation.