A Federal judge in Kentucky recently made an important ruling that could have an impact on future Mirena IUD lawsuits. According to a decision rendered on October 16in U.S. District Court, Western District of Kentucky, rather than grant Bayer Healthcare’s motion to dismiss the claim, Judge Joseph H. McKinley Jr. determined that the plaintiffs should be given leave to amend their complaint. This represents an encouraging sign for plaintiffs as previously in Bosch, et al. v. Bayer Healthcare Pharmaceuticals Inc., the judge dismissed the Plaintiffs’ complaint after a motion from Bayer.
There are currently more than 400 Mirena lawsuits pending in courts nationwide. Over 200 of these have been filed in federal multidistrict litigation which is now underway in the U.S. District Court for the Southern District of New York. All of the lawsuits similarly allege that Bayer failed to provide adequate warnings regarding the risk of spontaneous device migration and related Mirena complications, including uterine perforations, infections and ectopic pregnancy.
Mirena has been on the market since 2000 as an approved method of birth control. The device first came under scrutiny in 2009 when the FDA issued a warning letter to Bayer after determining that the company had been promoting the device with misleading claims and had downplayed the risk of serious medical complications. In April of this year, the FDA compiled a 13,434 page report on Mirena that was recently made available to the public via the Freedom of Information Act. The report contains a log of over 70,000 Mirena complaints reported to the FDA. While many of these complaints like rash, acne or amenorrhea are relatively minor, the report also details numerous serious and potentially life threatening complications.
One such complication is device migration, in which the Mirena IUD becomes dislodged from the place it was implanted. This can lead to vaginal hemorrhage, abdominal pain and uterine perforation. According to one source, there have been more than 1,300 complaints about Mirena uterine perforation since 2008. Women who have suffered from this complication have required hospitalization and surgery in some cases. Other women have also reported ectopic pregnancy and infertility as a result of the Mirena IUD. Ectopic pregnancy is a medical condition that normally leads to an unviable fetus and can cause life-threatening internal bleeding for the mother.
Victims of Mirena complications may be entitled to compensation for medical bills, lost wages, pain and suffering, and other injury-related damages. If you have been experiencing side effects and are using the Mirena IUD, it is important that you contact your physician immediately. Ignoring the signs, like discomfort, abnormal bleeding, abdominal pain, or any other symptoms, can result in serious complications like uterine perforation, infection, damage to the liver, spleen or bladder and possible permanent infertility. If it is determined that you have experienced any adverse effects from the Mirena IUD, consult an experienced defective drug law firm immediately. Do not hesitate; your health is at risk. Call a knowledgeable attorney from the Dolman Law Group today for a free consultation. 727-451-9600.