Mirena Brain Injury Lawsuit: Bayer Loses Bid to Dismiss Strict Liability, Negligent Misrepresentation Claims
A woman who suffered a serious brain injury allegedly related to her use of the Mirena IUD will be able to purse claims of strict liability and negligent misrepresentation, after a judge in the U.S. District Court, Western District of Kentucky, rejected Bayer Healthcare Pharmaceutical’s bid to have the claims dismissed. However, the company was successful in convincing the Court that an implied warranty claim should be cut from the Mirena lawsuit.
According to a report from Law360.com, the plaintiff had received a Mirena IUD in May 2012. By December of that year, she was experiencing frequent headaches and vision problems. Eventually, she was diagnosed with bilateral optic nerve swelling due to pseudotumor cerebri. The Mirena IUD was removed from her body in March 2013, but the permanent damage done to her optic nerve resulted in a 40% vision loss in her left eye.
In an Opinion issued on July 24th, the Court allowed the lawsuit’s strict liability and negligent misrepresentation claims to go forward, citing existing case law. In dismissing the implied warranty claim, the Court pointed out that the Plaintiff had failed to respond to Bayer’s argument that she could not have purchased it directly from the manufacturer.
“In fact, plaintiff in her complaint admits that Mirena was inserted by a healthcare practitioner during an office visit,” the Opinion states.
Mirena and Pseudotumor Cerebri
According to court documents, this Mirena lawsuit is one of at least five cases pending in the Western District of Kentucky that allege an association between the use of the IUD and pseudotumor cerebri. Also known as idiopathic intracranial hypertension, this serious brain injury is caused by an increase in pressure brought on by the accumulation of cerebrospinal fluid. The symptoms associated with this alleged Mirena side effect mimic those of a brain tumor, and may lead to permanent vision loss and chronic headaches.
In addition to the Mirena brain injury claims pending in Kentucky, Bayer has been named in thousands of lawsuits over complications allegedly associated with spontaneous IUD migration. More than 2,100 such cases have been filed in a state litigation underway in New Jersey’s Bergen County Superior Court, while another 1,100 federal lawsuits ae pending in a multidistrict litigation that was established in the U.S. District Court, Southern District New York.
Help for Victims of Pseudotumor Cerebri and Other Alleged Mirena Complications
There is legal help available for women who developed pseudotumor cerebri and other complications allegedly associated with the Mirena IUD. To learn more about filing your own Mirena lawsuit, please call 1-877-779-1414 to arrange for a free case review.