New Mirena IUD Injury Lawsuit Joins MDL

New Mirena IUD Injury Lawsuit Joins MDL

By Robert J. Boumis

West Virginia plaintiff Brandi Falls is the latest victim of Mirena IUD side effects to sue Bayer for negligent marketing Her Mirena lawsuit has joined the multi-district litigation against Bayer, where dozens of similar cases are being heard.

Multidistrict litigation, abbreviated MDL, is a legal situation similar to a class action lawsuit. In both class action lawsuits and MDLs, a number of plaintiffs sue a defendant or groups of defendants. These lawsuits allege that all of the plaintiffs suffered similar injuries as a result of the defendants’ actions.

Also known as mass torts, MDLs are designed to save time and money for everyone involved, including the legal system, by allowing these similar cases to be tried once, so there’s little duplication of efforts with presenting evidence and producing witnesses. The main difference between class action lawsuits and MDLs is that in a class action lawsuit, a single lawyer or team of lawyers represents the allegedly injured parties, while in an MDL every plaintiff has their own separate council.

Mirena Lawsuits Detail Serious Complications

The Mirena IUD was designed to be implanted in a woman’s uterus as a form of birth control. However, many patients have allegedly suffered from serious complications, including incidents where the IUD punctured the uterus, migrated through the body, required surgical removal, and promoted complications like tubal pregnancies and devastating infections.

According to her Mirena lawsuit, Falls had the IUD implanted in April of 2008. By July of 2011, her physicians discovered that the IUD had punctured her uterus and migrated outside of the uterus. It required surgical intervention to remove the device.

Falls’ lawsuit, and the Mirena MDL, allege that Bayer knew – or reasonably should have known based on postmarket surveillance, published studies, and clinical trials – that the Mirena IUD could cause serious complications like this. The Mirena lawsuit further alleges that Bayer not only failed to act on this information, but also continued to promote, and possibly even overstate the benefits of the Mirena IUD.

The lawsuits in the Mirena MDL hold that these actions constitute both fraud and negligence, as well as breach of contract.

Falls is seeking medical costs, attorney fees, and punitive damages against Bayer. Punitive damages are monies awarded to the plaintiff if the court rules that a defendant’s actions are so egregious that they need additional punishment to discourage further misconduct.

The case is formally titled Brandi Falls v. Bayer Healthcare Pharmaceuticals Inc., Case No. 7:13-cv-05906-CS, within the MDL In RE: Mirena IUD Products Liability Litigation, MDL No. 13-MD-2343, United Stated District Court, District of Minnesota.

If you’ve used an IUD and suffered from a serious complication like IUD migration or embedment, you probably have a lot to deal with. Complications from an IUD may include surgical intervention, which usually entails recovery time, medical bills, and lost wages. But you need to remember that you still have rights, and there are steps that you can take to regain control of your situation. You can start by visiting the Mirena IUD Injury Class Action Lawsuit Settlement Investigation and obtaining a free legal review of your case.