By Tracy Colman  |  September 27, 2017

Category: Legal News

Mirena Pseudotumor CerebriA woman suffering from a condition whose symptomology mimics that of a brain tumor filed a pseudotumor cerebri lawsuit against the Bayer Company in U.S. District Court, Southern District of New York on Sept. 1, 2017.

In this pseudotumor cerebri lawsuit, the plaintiff, Maureen G., alleges that her use of the Mirena Intrauterine Device (IUD) produced by Bayer brought on the condition.

The Mirena IUD releases the hormone levonorgestrel and prevents pregnancy over the three to six years it can remain in place. According to this pseudotumor cerebri lawsuit against Bayer, it is this hormone which ostensibly can interfere with the delicate balance of cerebral spinal fluid (CSF) in the central nervous system and mimic scary and serious symptoms often associated with growths in the brain.

Identifying and Treating Pseudotumor Cerebri or Idiopathic Intracranial Hypertension

When a patient presents with symptoms affecting eyesight like blurry vision, double vision, blind spots and temporary blindness, it behooves a physician to rule out the possibility of a brain tumor.

These indicators point to increased pressure on the optic nerve in the cranium, which can mean there is a mass present. There might be companion symptoms as well. Tinnitus, or ringing and/or whooshing in the ears, is common, as are migraine headaches and nausea and vomiting from the pain, pressure, and balance issues.

According to the narrative in this pseudotumor cerebri lawsuit, patients are typically subjected to diagnostic procedures such as an MRI, CT scan, or X-ray.

If a brain tumor or blood clot is ruled out by these methods, physicians then often put a patient through a very painful procedure known as a lumbar puncture in which a needle is inserted in the space between the lumbar vertebrae to draw out and analyze CSF.

Frequently, this process drains excess CSF and can give temporary relief, but does not cure a sufferer of pseudotumor cerebri or idiopathic intracranial hypertension.

The Role of Mirena IUD in this Pseudotumor Cerebri Lawsuit

Maureen G., plaintiff in this pseudotumor cerebri lawsuit, is 45 years old and was implanted with and still uses the Mirena IUD as a form of birth control since February 2013.

After implantation of the Mirena IUD, Maureen alleges, she started to experience the full range of symptoms associated with a possible brain tumor. She had migraine headaches, nausea and vomiting, visual floaters and blind spots.

A year and a half after implantation, she underwent a lumbar puncture and was diagnosed with pseudotumor cerebri. It was not until March 2016 that she encountered information linking her experience with her use of the Mirena IUD.

Maureen G. alleges that the Bayer Company has misled the public with their promotions of this product by failing to acknowledge that different women respond differently to the progestins that, according to the manufacturer, is a “low to no hormone contraception option” that releases progestin directly into the uterus and barely affects the blood levels.

Maureen G. is bringing the following counts against Bayer in this pseudotumor cerebri lawsuit: Count One –Negligence; Count Two –Design Defect; Count Three –Failure to Warn; Count Four –Strict Liability; Count Five –Breach of Implied Warranty; Count Six –Breach of Express Warranty; Count Seven –Negligent Misrepresentation; Count Eight –Fraudulent Misrepresentation; Count Nine –Fraud; and Count Ten –State Consumer Fraud Violations.

Maureen is asking for a trial by jury with a favorable judgement against the Bayer Company. She hopes for punitive damages to be assessed against the pharmaceutical giant to discourage such wanton disregard for people’s well being in the future.

She also asks for compensatory damages as determined by the evidence and all court and attorney’s fees to be returned to her.

The Pseudotumor Cerebri Lawsuit is Case No. 1:17-cv-06699-UA in the U.S. District Court for the Southern District of New York.

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