In multidistrict litigation No. 2767, plaintiffs are filing lawsuits against Bayer Inc. and affiliated companies for their role in the development, manufacturing and marketing of the Mirena IUD, an intrauterine contraceptive device.

Plaintiff Guadalupe P., a party in a recent pseudotumor cerebri lawsuit filed on June 29, 2017, had a Mirena IUD implanted on Aug. 25, 2009.

What is the Nature of the Pseudotumor Cerebri Lawsuit?

Idiopathic intracranial hypertension (IIH), also known as pseudotumor cerebri, is a condition affecting the level of cerebral spinal fluid (CSF) circulating around the brain and spinal cord.

CSF levels are normally kept at tight homeostatic levels and excess amounts are reabsorbed by the bloodstream. When those levels increase abnormally and the excess is not absorbed, the increased pressure can lead to serious problems.

The increased pressure in the brain is most often experienced by a sufferer in the following ways:

• Severe migraine-like headaches
• Dizziness
• Blurred vision
• Double vision
• Temporary blindness or blind spots
• Tinnitus with a whooshing sound akin to hearing your pulse

According to the legal documentation in this pseudotumor cerebri lawsuit, the visual symptomology is related to a swelling of the optic nerve in the brain.

Visual disturbances can often be relieved by stopping or removing the cause of the IIH, believed by plaintiffs in this MDL to be the hormone-releasing IUD Mirena. Unfortunately, sometimes the problems are not caught soon enough, and loss of all or part of one’s visual field may be permanent.

Pseudotumor Cerebri Lawsuit Speaks About Horrifying Diagnostic Process

Once a Mirena IUD patient presents with IIH symptoms, the process of diagnosis can be difficult and extremely painful.

According to the legal paperwork, the first step in determining cause is to undergo a CT scan or MRI to rule out the possibility of a very real brain tumor or blood clot.

Secondly, the patient must undergo a lumbar puncture which involves inserting a needle into the space between the vertebra in the lower part of the spine. This is a very painful process that allows the attending physician to draw out CSF and check for levels, infection, or inflammation.

The Plaintiff’s Story

Guadalupe P., a 32-year old resident of the State of Kansas, says she had the Mirena IUD removed by her physician less than a year after its implantation in July 2010.

She had presented with symptoms of IIH and had undergone the full battery of tests. The plaintiff had her testing and this final procedure done at medical facilities in Hutchinson, Kan.

In this pseudotumor cerebri lawsuit, the plaintiff is bringing the following counts against Bayer Inc. and affiliates: Count 1 – Negligence; Count 2 – Design Defect; Count 3 – Failure to Warn; Count 4 – Strict Liability; Count 5 – Breach of Implied Warranty; Count 6 – Breach of Express Warranty; Count 7 – Negligent Misrepresentation; Count 8 – Fraudulent Misrepresentation; Count 9 – Fraud by Suppression and Concealment.

Guadalupe P. is asking for a trial by jury. She requests a favorable judgement and the award of both punitive and compensatory damages for her pain and suffering and that of others. The plaintiff also requests the return of all court and attorney’s fees with the award.

The Pseudotumor Cerebri Lawsuit is Case No. 1:17-cv-04928, in the U.S. District Court for the Southern District of New York.