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Mirena IUD Lawsuit

Mirena IUDMuch attention has been given in recent years to individuals who have chosen to file a Mirena lawsuit after suffering serious harm as a result of using this particular type of intrauterine birth control device. Though the Mirena IUD has been extremely popular since its introduction to the market in 2000, the number of adverse event reports filed with the U.S. Food and Drug Administration (FDA) continues to grow, amid some increased alarm among users.

Some of the most serious side effects linked to the IUD include migration of the device, vaginal scarring, uterine perforation, pelvic inflammatory disease and sometimes even infertility. With over 25 years of experience representing victims’ rights, we at Eisbrouch & Marsh stand prepared to assist those who have been harmed by the device who are considering filing a product liability lawsuit against its manufacturer as a means to secure financial compensation. If you are among those who have sustained Mirena-related injuries, we would like to offer you a thorough case evalution to help you assess your legal options.

Mirena facts and market history

Implanted into female patients by healthcare professionals, Mirena is a plastic intrauterine device designed to release levonorgestrel into the uterus in order to prevent pregnancies. As a low dose of this hormone is released into the body, cervical mucus is thickened and the likelihood of sperm entering is greatly reduced. The device is kept in place by its horizontal shape, and there are also strings made of polyethylene material that are used for removal.  Patients are advised to check the device regularly to ensure that it has not moved out of place.

Bayer Healthcare Pharmaceuticals, the manufacturer of Mirena, has touted the device as being over 99% effective when it comes to preventing pregnancies, and effective for upwards of five years. Patients have always been assured that their fertility would return immediately after removal of the device. In addition to serving as a contraceptive device, Mirena has been marketed as an effective method of treating unusually heavy menstrual periods. Throughout its presence on the market, Bayer advertised Mirena as being a convenient, simple and safe way for women to guard against unwanted pregnancy. With the passage of time, however, the story of Mirena has grown rather more complicated.

Side effects and controversy surrounding Mirena

Despite its widespread popularity with consumers, the Mirena IUD has been the subject of tens of thousands of adverse event reports. Very serious complications have arisen that have gotten the attention of the FDA as well as defective device attorneys nationwide. Side effects of Mirena range from relatively mild to extremely severe and even life-threatening and can include:

  • IUD migration, in which the device moves from its intended location
  • IUD expulsion, in which the device is rejected by the uterus
  • Ectopic pregnancy, a dangerous complication that can cause infertility
  • Pelvic inflammatory disease
  • Uterine wall perforation, a situation that can result in organ damage and serious infection
  • Ovarian cysts
  • Chronic pain

Many victims have experienced crippling pain and internal harm that often requires surgical treatment. Some have had to undergo hysterectomies as a result of using Mirena. There has been some debate about the true frequency of these types of complications, but the FDA’s adverse action database has recorded no less than 70,000 incidents since 2000, and researchers from UCLA have argued that IUD migration is a “frequently encountered complication.” In addition, when pregnancies inadvertently occur while the Mirena device is in place, the health of the mother and baby are at increased risk, with miscarriages, premature labor, ectopic pregnancies and septic abortions among the potential problems.

If you have experienced any of the above side effects, you may be wondering where to turn for help. Fortunately, the law does provide you with avenues for recourse, but your time to act is not unlimited. At Eisbrouch & Marsh, we are committed to giving you the tools necessary to make informed decisions about your case and your family’s future. Our team of medical experts, case investigators and legal support staff will work together to compile key evidence in your case and develop the most compelling arguments possible on your behalf.

Allegations underlying Mirena IUD migration & uterine perforation lawsuits

In 2009 Bayer received a letter from the FDA warning against continued use of misleading marketing tactics that tended to downplay the risks of Mirena and overstate its benefits. Specifically, the FDA chided Bayer for suggested in its advertising that use of Mirena could lead to a more intimate relationship with a mate and foster a heightened sense of romance. In fact, researchers had found that at least 5% of patients who used Mirena experienced a decrease in their libido. Nausea and depression were also known side effects, but they did not receive attention in Bayer’s marketing of Mirena. Bayer was specifically admonished for neglecting to inform consumers of the fact that IUDs were not appropriate for individuals with prior pelvic infections, urinary tract infections and some types of cancer. Side effects such as ovarian cysts, headaches, infections and uterine perforation were indequately explained to consumers, according to the agency.

Mirena litigation continues to take shape

Defective device attorneys across the country have begun investigating cases involving Mirena side effects and filing lawsuits on behalf of victims.

Common allegations and legal theories in Mirena litigation are:

  • Failure to warn of known risks
  • Overstatement of device benefits
  • Deceptive marketing/fraud
  • Negligent design and manufacturing of the device
  • Strict product liability

Women who have suffered serious harm as a result of using Mirena have the ability to seek punitive as well as compensatory damages, but it essential to enlist the aid of attorneys who are knowledgeable in this very specific area of the law. At Eisbrouch & Marsh, we have an extensive track record of success when it comes to holding pharmaceutical giants to account for negligently placing the public at risk. Not only can we conduct comprehensive discovery and investigative work in the early stages of your case, we have what it takes to vigorously engage in settlement negotiations and take your matter all the way to trial, if necessary.

In April of 2013, the U.S. Judicial Panel on Multidistrict Litigation consolidated all federal lawsuits based on Mirena injuries into a Multidistrict Litigation (MDL) in the U.S. District Court for the Southern District of New York. If a broad-based settlement is not reached between Bayer and Mirena plaintiffs in the interim, the first of these trials should begin in mid-2015. The outcome of the so-called “bellwether” cases may ultimately facilitate streamlined resolution of a large number of the growing volume of Mirena cases that continue to be filed. Meanwhile, attorneys are continuing to review cases, file lawsuits and aggressively pursue compensation for those who have sustained serious injuries from the Mirena IUD.

How our product liability team can help

If you or someone you love has experienced severe side effects or debilitating harm as a result of the Mirena device, we want you to know that help is available. At Eisbrouch & Marsh, we pride ourselves on providing knowledgeable, compassionate representation to each client we serve, and we pledge to do everything possible to secure the compensation you deserve. To schedule a no-cost, no-obligation case review, contact us at 201-342-5545.