Plaintiffs Spar with Bayer Over Mirena Lawsuit MDL

Plaintiffs Spar with Bayer Over Mirena Lawsuit MDL

By Andrea Gressman

There has been quite the battle between the plaintiffs involved in Mirena IUD lawsuits and Bayer, the manufacturer of the birth control implant device. Back in August 2012, Bayer submitted a petition to the New Jersey Courts requesting that all Mirena IUD lawsuits be consolidated to a MDL in New Jersey. However, on January 8, 2013, the New Jersey Supreme Court denied Bayer’s request but they did not state a reason.

What is known is that many of the Mirena lawsuit plaintiffs strongly opposed the consolidation because Bayer’s headquarters are located in New Jersey where they employ a large number of people. Many of the plaintiffs felt that Bayer would have an unfair advantage if the Mirena lawsuits were consolidated to that particular location. However, the Mirena lawsuit plaintiffs did not object to a multidistrict litigation (MDL) as long as it was in a different location. So, on January 16, 2013, the plaintiffs submitted a motion to the U.S. Judicial Panel on Multidistrict Litigation (JPML) requesting that the Mirena lawsuits be consolidated into a federal court.

But now Bayer has responded with an objection of its own to the federal centralization. Their reason, according to reports, is that it isn’t appropriate. This has caused a bit of confusion. Evidently from Bayer’s perspective it was previously appropriate to have all of these Mirena lawsuits consolidated as long as they were getting to choose the location, but now that the New Jersey MDL option is off the table and they would have to go to a court not of their choosing, it is somehow not appropriate.

Their argument goes on to say that consolidating the product liability lawsuits at the federal level is not necessary and that a consolidation to the Middlesex County Superior Court somehow made so much more sense. Bayer said this would create more efficiency. Their response included the following statement, “Centralized Management in a Mass Tort venue, with an experienced Judge, will help ensure fairness to the parties, provide a streamlined approach to case management and avoid the possibility of duplicative motion practice and inconsistent discovery rulings between multiple Judges in Morris County.”

However, this response leaves many that have been following these Mirena lawsuits scratching their heads and asking themselves, “Isn’t that exactly what a MDL would do?”

It is expected that there will be many more Mirena IUD lawsuits filed so there are many benefits to consolidating them to one court. Despite the fact that Bayer is objecting there is still a chance that a MDL will be established. If you have been injured by a Mirena IUD it is very important that you consult a Mirena injury lawyer right away. Visit the Mirena IUD Injury Class Action Lawsuit Settlement Investigation page today to receive your free legal review from a qualified Mirena lawsuit attorney.