Bayer Pharmaceuticals is under fire in a series of Mirena lawsuits alleging the company created a defective product and hidden potential side effects. Prosecutors say the IUD device is responsible for organ perforation, migration from the uterus, and other health issues.
Across the country, thousands of women have sued Bayer Pharmaceuticals for the harm they allegedly caused from Mirena’s birth control. The allegations state that these Mirena complications have resulted in loss of medical bills, decreased quality of life, and fears of further health problems.
Prosecutors allege Bayer sold a dangerous product and failed to publicize the risk of complications through misleading advertising. Bayer Pharmaceuticals has already offered to settle lawsuits worth up to $ 12.2 million.
There are currently no class actions against Bayer Pharmaceuticals in the United States, but there are three categories of joint individual actions in both New York and New Jersey. The only lawsuits Bayer has offered to be resolved to date are some perforation cases.
What is Mirena IUD?
Mirena is an IUD or hormonal intrauterine device that is implanted in the uterus as a measure of long-term pregnancy prevention. This T-shaped device is a little larger than a quarter and must be surgically implanted. Then the aim is to prevent sperm from reaching the egg cell and fertilizing it.
Mirena IUDs are plastic devices that stop sperm by releasing a hormone called levonorgestrel. Of the two million women who have used Mirena since its release in 2000, over 70,000 have filed complaints of dangerous side effects that they claim were not warned or had no reason to believe.
Ongoing federal and multicounty lawsuits
Litigation is currently ongoing. Bayer Pharmaceuticals publicly offered a US $ 12.2 million settlement in August 2017 to resolve cases of alleged organ perforation.
The pharmaceutical company estimated the comparison to be around 4,600 cases of damage. For the settlement to be accepted, 98% of all applicants must agree to what has not yet happened.
The settlement also doesn’t cover the other large group of Mirena cases that are currently ongoing. The other group of cases in the southern borough of New York claims the role of Mirena IUDs in pseudotumor cerebral injuries. There are now multiple legal disputes in New Jersey alleging the Mirena devices were responsible for both organ perforation and migration.
Migration and organ perforation cases
In two of the ongoing case groups, women have claimed that the Mirena IUD perforated their organs when the device stabbed through the surface of an organ, in this case the uterus. According to the allegations, Bayer Pharmaceutical has never issued warnings that Mirena coils could perforate organs during or after implantation.
In New Jersey, one of the case groups also claims that the Mirena IUD migrated outside of the uterus, which also resulted in, or the risk of, perforation or organ damage. Some of the women who made these allegations against Bayer Pharmaceuticals had to undergo surgery to remove the Mirena IUD and correct complications.
Cases of Pseudotumor Cerebral Injury
The second category of Mirena lawsuits came when women claimed their Mirena coils were the cause of pseudotumor cerebri, or false brain tumors. The applicants claim that the IUD caused this problem due to the hormone levonorgestrel in it. They claim that this hormone played a role in increasing the spinal fluid in the skull above normal levels, which then led to the appearance of false brain tumors.
Bayer Pharmaceuticals has been accused of misleading users of the Mirena IUDs and how safe they are, especially for failing to explain how the hormone levonorgestrel works. In the case, it is claimed that the hormone is significantly more likely to cause side effects than others normally used in IUDs, and that women who have used other levonorgestrel products are also more likely to have pseudotumor cerebri.
As last reported in April 2019, 917 lawsuits were pending in connection with this issue. The discovery continues after the defendants gather to further examine the medical and scientific evidence surrounding the Mirena IUD.
By April 2019, 917 lawsuits were pending in this MDL. In April 2018, plaintiffs and defendants gathered to discuss the medical and scientific issues surrounding Mirena. The discovery is not yet complete.
Why Mirena IUD cases are submitted
The women who joined the three case groups in New York and New Jersey claim that Bayer Pharmaceuticals knowingly harmed them by not informing them of dangerous side effects. As such, they seek compensation for medical expenses, lost wages, and compensation for their pain and suffering. The women claim that they have lost some of the joie de vivre and some have a future with high-risk pregnancies, infertility and lifelong treatment for complications.
The cases go on to state that Bayer knowingly misrepresented the risks of the Mirena as being unusually misrepresented and covered up possible complications, including the use of misleading marketing that claimed the IUD was safe and convenient.
The latest in Mirena class actions
The cases where the Mirena IUD allegedly caused pseudotumor cerebri is currently being discovered. In New York, the consolidated Mirena cases were brought before Judge Paul A. Engelmeyer, who heard arguments from both sides. In his decision, however, Judge Engelmayer ruled out statements by the plaintiffs’ experts and stated that he believed that there was insufficient scientific evidence to support the allegations made against Bayer Pharmaceuticals. On October 24, 2018, it ruled against all allegations against Bayer Pharmaceuticals, but plaintiffs’ lawyers are working to appeal the decision.