Woman Sues Bayer After Mirena IUD Migrates Out of Uterus

Woman Sues Bayer After Mirena IUD Migrates Out of Uterus

By Dominic Rivera

Plaintiff Margaret J. Ponce of North Carolina has filed a product liability lawsuit against Bayer Healthcare Pharmaceuticals Inc., alleging the company manufactured and sold a defective Mirena intrauterine device (IUD) that may have caused her permanent injuries. She is seeking over $75,000 for her pain, suffering and emotional distress, as well as for medical expenses and lost wages.

The Mirena lawsuit, filed August 27, 2013, states that the Mirena IUD was installed in Ponce by her physician on April 2008. After voicing various complaints, her doctor determined that the plastic device, which contains the hormone levonorgestrel, had migrated outside of her uterus. This resulted to what the lawsuit describes as a painful surgical removal of the IUD on August 28, 2010.

The Mirena IUD was first marketed and sold by Bayer in the U.S. in 2000. It did not take long before Bayer received notices of Mirena IUD complications, including migration of the IUD, embedment in the wall of uterus, and perforation of the wall. Surgery is usually performed to retrieve the IUD from the abdomen.

Despite the complaints, the Mirena lawsuit notes the problems did not deter Bayer from selling the Mirena IUD to the public, nor from performing its duty to give assurance that its product do not pose a significantly increased risk of bodily harm.

The lawsuit also contends that Bayer failed to issue warnings of the risks associated with the Mirena IUD, concealing its knowledge of the risks not only from Ponce but also to her physician, the entire medical profession, and from the Food and Drug Administration.

Bayer’s representation that its product is safe carried “the intent of defrauding and deceiving, and with the intent of inducing the public in general, and the medical and healthcare community in particular, to recommend, prescribe, dispense and purchase the said product,” the Mirena lawsuit states.

While Ponce is seeking actual and punitive damages from Bayer for past and future damages, the lawsuit stresses that the plaintiff’s use of the IUD caused her to suffer “serious physical injury, harm, damages and economic loss and will continue to suffer such harm, damages and economic loss in the future.”

Ponce is requesting that her Mirena lawsuit be transferred to multidistrict litigation consolidating hundreds of similar cases. The Mirena lawsuit MDL is In Re: Mirena IUD Product Liability Litigation, MDL No. 2434.

Ponce’s individual Mirena IUD lawsuit is Margaret J. Ponce v. Bayer Healthcare Pharmaceuticals Inc., Case No. 3:13-cv-00885-MJR-SCW. 

If you or someone you know is dealing with or have been the victim of a Mirena IUD injury, you may be able to pursue a legal remedy. Please visit the Mirena IUD Injury Class Action Lawsuit Investigation. You can submit your claim for a free legal review from a Mirena IUD lawyer to determine whether or not you’re eligible to file a complaint like Margaret J. Ponce. Don’t miss out on this offer!