Mirena Lawsuit and the Things You Should Know

A General Guide to the Mirena IUD Device and the Resulting Litigation Currently Taking Place

Mirena is an intrauterine device (IUD) manufactured by Bayer Pharmaceuticals and is used for the prevention of pregnancy. This IUD is a long-term birth control method that is said to be 99% effective in preventing pregnancies for at least five years after insertion. Mirena IUD is surgically implanted and begins to immediately release hormones to prevent pregnancy. This has been a preferred method of contraception for women who dislike taking oral contraceptives. The Mirena IUD has been available in the United States since 2000. It was first approved in Europe in 1991. It is believed that 8.5 percent of all American women currently use an IUD as a form of birth control.

Reported Problems With Mirena

The IUD was approved by the Food and Drug Administration (FDA) in 2000 and since then there have been over 45,000 adverse reaction events reported to the FDA concerning the Mirena IUD. Many of these reports were very serious and included events that required multiple surgeries to repair. Some of these adverse events included:

  • Vaginal Hemorrhaging
  • Device Expulsion
  • Device Migration
  • Ectopic Pregnancy (Pregnancy outside of the uterus)
  • Perforation To The Uterine Wall
  • Pelvic Inflammatory Disease
  • Damage and Infections To Other Organs Due To Device Migration

Additionally, many women reported they suffered from nausea, abdominal pain and significant weight gain after having the device implanted.

Lawsuits Against Mirena

There are several different lawsuits taking pace against the manufacturers of Mirena. One MultiDistrict Litigation (MDL) case against the manufacturers is currently being reviewed in the Southern District of New York Federal Court. This case is in regard to the Mirena device migrating through the body and damaging other organs, including the intestines and the abdominal cavity. These cases state that Bayer knowing marketed this product without releasing information of the potential for migration.

Many other federal cases have been filed against the manufacturer and to date have held on their own as independent cases. A judge in New Jersey was asked to consolidate these cases into a MultiDistrict Litigation (MDL) by Bayer, but it was denied. It is thought that this was due to the many different injuries that may be occurring from this device.

Among these different cases, Bayer is being accused of:

  • False marketing practices. The company was already reprimanded in 2009 by the FDA for marketing their product as a device that will increase intimacy and make a woman “look and feel’ great.
  • Failure to provide patients and doctors with a significant warning about the potential of the device to migrate into other areas of the body.
  • Produced side effect pamphlets that understated the risks associated with their device.
  • Purposefully hid the risk associated with the product from the FDA and consumers in an effort to make a profit.
  • Engaged in deceptive marketing practices.
  • Breached implied and express warranty issues by promoting a safe product that was actually unsafe.
  • Knowingly marketed and sold a defective product with design flaws.

Other issues are also being held against Bayer Pharmaceuticals within each case. These accusations are just generalized to give an overview of pending cases.

If you feel you are suffering from the effects of the Mirena IUD birth control device, you should consult with a litigation attorney and review your specific circumstances.