If you had the Mirena intrauterine birth control device implanted and were injured as a result, you may indeed sue. You will be joining a slew of other women across the country who filed complaints against Bayer Healthcare Pharmaceuticals, the company making Mirena.
Thousands of women are suing Bayer in state and federal courts for a range of complications associated with Mirena IUDs. The complaints include claims that the device migrates in women’s reproductive systems, pierces fallopian tubes, causes miscarriages after removal, and leads to infertility.
There are so many Mirena complaints, that a federal court in New York consolidated the federal cases. Plaintiff Zabrinah Brown, for example, brought her suit in the US District Court for the Northern District of California but is part of the consolidated matter coordinated by Judge Cathy Seibel in the Southern District of New York.
The consolidated case ensures that pretrial rulings and discovery are consistent for the hundreds of plaintiffs who suffered similar injuries and filed suit. The plaintiffs all complain that Bayer minimized the risks involved with implantation of the IUD. The company is being sued on the following legal theories:
- Manufacturing defect
- Design defect
- Failure to Warn
- Strict Liability
- Breach of Warranty, Express and Implied
- Misrepresentation, Negligent and Fraudulent
- Fraudulent Concealment
Case in Point
Zabrinah Brown, the California woman whose suit became part of the consolidated action says that Bayer did not do enough to warn women about the risks involved with the IUD. Her complaint against Bayer alleges that the Mirena IUD migrated inside her, perforated her uterus, and became embedded within her uterine tissues. She underwent multiple surgeries to remove the device and, as a result, spent a month in the hospital after a serious surgical infection,
Brown is seeking monetary damages to cover pain and suffering, medical expenses, and financial losses such as lost earnings, as well as punitive damages against Bayer for placing Mirena on the market with a disregard for public safety.
Claims on the Rise
With increasing awareness of the Mirena claims, more women injured by the birth control device will be filing suit, joining the 3,000 already suing Bayer. If you or someone you know has suffered an injury from complications arising from the implantation of the IUD, do speak to an attorney as soon as possible.
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