Texas Couple Sues Bayer for Wife’s Mirena IUD Injuries

Texas couple Casey and Victor Hernandez are suing Bayer Pharmaceuticals for the injuries the primary plaintiff allegedly acquired from using the Mirena IUD birth control device. Mrs. Hernandez alleges that she sustained injuries and had to undergo IUD removal surgery as a result of using the device.

Hernandez had the Mirena IUD first inserted into her on Oct. 23, 2009 at the Houston at Prevention Park Family Planning Clinic.  During the procedure, Hernandez suffered no complications and the implantation was considered successful.  However, on June 25, 2011, she started suffering from heavy, irregular bleeding, and strong pain, according to the lawsuit.

Medical examination had found that the IUD was no longer in the plaintiff’s uterus, but had migrated into the lower cavity of her abdomen.  On Dec. 8, 2011, the plaintiff underwent laparoscopic surgery to remove the IUD from her body.  The plaintiff faced serious risks from the surgery itself, and may still be facing undiscovered consequences.

At no point in time was the plaintiff, her husband, or their physician made aware of these occurrences being possible side effects, the Mirena lawsuit claims.  There were no warnings or indications on the device’s label, and the defendant company made no effort to notify them.

Hernandez states that Bayer had the responsibility to warn her of these Mirena IUD side effects because she was relying on the accuracy of the given information.  Additionally, Hernandez states that if she had known about these possibilities, she would have never used the device.

For being directly responsible for manufacturing, selling, distributing, and marketing a dangerous product, Hernandez and her husband are suing Bayer Pharmaceuticals.  The charges include: negligence, false advertising, concealing information, and misrepresenting a product.

 Overview of Mirena IUD Complications

The Mirena IUD was first approved by the FDA in December 2000, and is manufactured by Bayer Pharmaceuticals.  It is the first and only intrauterine device approved and sold in the United States, with over two million prescribers in the country alone; it has over fifteen million prescribers worldwide.   It is a long-term contraceptive method that is meant to last up to five years, making the effort to prevent pregnancy minimal to the user.  Due to the hormones it releases into the woman’s body, most medical experts recommend that women who have already given birth, use the device.

The device itself is t-shaped, and made of biologically safe plastic that can be inserted into the body.  It is directly implanted into the uterus, and releases a small dose of leveonorgestrel, directly into the bloodstream.  Levonorgestrel is a synthetic progestin, which controls the woman’s hormone levels; it prevents ovulation and sperm-to-egg fertilization.  However, due to how closely it interacts with the patient’s reproductive cycle, doctors generally only prescribe the device to women who have already had one child.

Additionally, the Mirena IUD label does mention the occurrence of device migration, but states that it is an “uncommon” event.  This contradicts the vast number of women who have reported complications of Mirena IUD migration and perforation.   Bayer Pharmaceuticals has been criticized in the past for not adequately explaining the side effects of their devices, and the Mirena IUD is no exception.

 Mirena IUD Litigation Movement

Hernandez is seeking damages for medical compensation, pain and suffering, and other punitive charges.  This case is currently still pending.

This case is Casey and Victor Hernandez vs. Bayer Pharmaceuticals, Case 4:13-cv-03548, in the United States District Court of Southern Texas, Houston Division.

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.