Bayer Argues Against Separate Mirena Litigation for Brain Injury Lawsuits
The number of Mirena lawsuits alleging neurological problems in the U.S. does not warrant the creation of a separate multidistrict litigation (MDL), the IUD manufacturer argued this month.
According to a response brief filed on June 17th, Bayer Healthcare Pharmacueticals voiced its dissent for the consolidation of IUD claims alleging idiopathic intracranial hypertension (IIH) on the grounds that not enough had been filed to justify a new proceeding. Just ten Mirena lawsuits alleging this complication, which is categorized by the build-up of fluid around the brain that results in pressure on the skull, had been filed as of that date, the company said in documents filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML). IUD claimants who allegedly developed IIH, which is also known as pseudotumor cerebri (PTC), include severe migraines, temporary blindness, double vision and other vision loss problems as alleged side effects of their condition. Cerebrospinal fluid levels become elevated and cause skull pressure in the same manner as if a tumor was present.
According to court records, the JPML is scheduled to hear oral arguments on whether to create a MDL for Mirena lawsuits involving neurological problems at a hearing session scheduled for July 31, 2014 in Kansas City, Kansas.
No Evidence Linking Mirena IUD to Brain Injuries, Bayer Says
“The reason that so few IIH cases have been filed is because there is not a single study published anywhere in medical literature suggesting that Mirena is even associated with IIH, let alone causes IIH,” attorneys for the defendant state in the brief.
The same cannot be said for IUD claims filed in the federal litigation now pending in the U.S. District Court, Southern District of New York. According to those Mirena lawsuits, the birth control implant can spontaneously migrate away from the uterine wall and into other parts of the body after implantation. As a result, women claim to have experienced uterine perforations, ectopic pregnancy, infection and other serious side effects as a result of using the IUD, which is likely to necessitate removal surgery.
A Case List updated on June 16th indicates that 569 actions against Bayer are now pending in the federal litigation established in New York after being filed by women who accuse the company of failing to adequately warn about these risks.
Pursue a Mirena IUD Lawsuit Today
If you or a loved one received the Mirena IUD and suffered complications, contact the attorneys at Bernstein Liebhard LLP to learn more about your legal rights at (877) 779-1414.