Mirena IUD Lawsuit Filed Over Uterus Perforation, Pregnancy

Mirena IUD Lawsuit Filed Over Uterus Perforation, Pregnancy

By Andrea Gressman

It was recently reported that a New York woman has filed a new Mirena lawsuit against Bayer, the manufacturer of the popular birth control option. In the lawsuit the plaintiff states that she became pregnant despite using the Mirena IUD. The lawsuit goes on to claim that the Mirena IUD implant device migrated from its original placement, perforated the plaintiff’s uterus, and then migrated in the woman’s abdomen, which required several surgeries to correct.

Kristie B. Donovan has been named as the plaintiff in the Mirena lawsuit, which was filed on February 11, 2013. The lawsuit was filed in the United States District Court for the Western District of New York.

According to her lawsuit, Donovan received the Mirena IUD in October 2006. Mirena is a T-shaped intrauterine device (IUD) that is small in size and made of plastic. Once inserted it has been approved to be used for up to 5 years.  

However, in April 2011, the plaintiff found out that she was pregnant. From there she received further testing which revealed that the Mirena IUD implant device had migrated from the uterine cavity it was supposed to be in. Donavan had her child in December 2011 and additional testing showed that the Mirena IUD had actually migrated into the plaintiff’s abdomen.  From there it took several surgical procedures to remove the Mirena IUD and now the plaintiff claims she suffers from severe injuries that are permanent in nature.

In Donovan’s Mirena lawsuit it states that the physician checked for proper placement approximately 45 days after the Mirena IUD was implanted. The lawsuit goes on to charge Bayer with the following:

• Breach of warranty
• Failure to warn
• Fraud
• Manufacturing a defective device
• Negligence
• Negligent misrepresentation
• Strict liability

The plaintiff is seeking both punitive and compensatory damages from Bayer.

This is not the first Mirena lawsuit of this kind. There have been hundreds of women who have made claims of similar experiences and there are many who are expressing what seem to be very legitimate concerns over the safety of the Mirena IUD. However, Bayer continues to advertise and market the birth control device heavily and seems to completely ignore that there may be serious safety concerns regarding the side effects that Mirena has been linked to time and time again.

One common complaint in Mirena IUD lawsuits is the fact that the plaintiffs do not believe Bayer properly warned the patients, medical community, or the general public of the side effect risks associated with the birth control device.  One issue that is consistently addressed is the fact that the warning label for Mirena mentions the side effect risk of uterine perforation but it is implied that this is only a risk when the physician is inserting the Mirena IUD. However, there are women all across the nation that can testify otherwise. It doesn’t matter whether the Mirena IUD has been recently implanted or, as in Ms. Donovan’s case, the IUD has been in place for years – many have reported that the IUD migrated “spontaneously.”

If you have a situation that is similar to Ms. Donovan’s you too could be eligible to file a Mirena lawsuit of your own. Visit the Mirena IUD Injury Class Action Lawsuit Settlement Investigation page today to receive your free legal review from a qualified Mirena lawsuit attorney.