Ohio Woman Takes on Bayer in Mirena IUD Injury Lawsuit

Ohio Woman Takes on Bayer in Mirena IUD Injury Lawsuit

By Amanda Antell

Ohio plaintiff Tiffany Abernathy is suing Bayer Pharmaceuticals for manufacturing, selling, distributing, and marketing a defective and dangerous product called the Mirena IUD. Abernathy alleges in the lawsuit that the Mirena IUD she received seven years ago migrated from her uterus and caused internal injuries.

Abernathy had the Mirena IUD implanted into her on August 26, 2006 to help prevent pregnancy. It was a routine procedure for the clinic she was at, and she had no reason to believe she was in any kind of danger, according to her Mirena lawsuit. However, it was discovered in the fall of 2011 that the IUD was no longer in her uterus and had migrated to her abdominal area. As a result, the plaintiff had to undergo revision surgery on December 14, 2011 to remove the IUD.

Despite following the medical instructions from her physician, which were provided by Bayer, the plaintiff suffered serious and life-threatening side effects and injuries, the Mirena injury lawsuit says.

History of Mirena IUD Complications

The Mirena IUD (intrauterine device) is a t-shaped device that is inserted into the woman’s uterus, intended to be a long-term birth control solution. It works by releasing levonorgestrel into the uterus, preventing the egg from being fertilized by the sperm. Mirena is designed to last five years.

The Mirena IUD was first approved by the FDA in 2000, and more than two million women are currently prescribed it in the United States. At the moment, Mirena’s label does not include warnings of IUD migration except to say that migration may occur if the uterus is perforated during insertion. It does not mention the risk for spontaneous IUD migration after the initial procedure.

The warning label also states that IUD migration and perforation is uncommon, despite the amount of women who reported injuries from these occurrences.

The Mirena Lawsuit Allegations

At the time of her prescription, Abernathy and her physicians had no reason to suspect or believe that she could possibly be facing these Mirena side effects, or had any awareness of them possibly occurring. Bayer made no effort to contact the plaintiff or her physicians about the possible risk of these possible Mirena injuries, nor did they make them aware of the recent Mirena studies, injury reports about these risks. The lawsuit says Bayer misled the plaintiff to believe that these Mirena IUD side effects would not as severe or serious as she experienced.

Bayer had stated that Mirena was safe and free of serious side effects, deliberately concealing vital information that may have influenced the plaintiff’s decision to even have the device implanted, the Mirena injury lawsuit states.

In December 2009, Bayer was contacted by the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC), about their Mirena advertisements. The advertisement that has garnered the most controversy was the “Simple Style Program,” a marketing campaign designed to attract mothers. In this advertisement, Mirena is promised to be a safe and convenient way for mothers to practice birth control without having to remember to take pills every day, and even promises a happier lifestyle and increased sexual satisfaction.
 
All of these promises in the advertisement did not prove to be true, with the DDMAC contradicting Bayer’s statement about Mirena’s sexual side effects, stating that at least 5% of clinical trial patients reported a decreased libido effect after insertion. For this and other reasons, Bayer is facing charges of false advertising, negligence, concealing information, and other charges.

Abernathy is suing for economic damages, loss of earnings, medical damages, pain and suffering, and other punitive damages.

The case is Tiffany Abernathy v. Bayer Healthcare Pharmaceuticals Inc., Case No. 13-cv-05219, U.S. District Court, District of Minnesota.

File a Mirena Injury Lawsuit Today

If you believe that you or a loved one has been the victim of a Mirena IUD injury, you have legal options. Please visit the Mirena IUD Injury Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned Mirena injury lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The IUD injury attorneys working this investigation do not get paid until you do.