Federal Panel Denies Plaintiffs’ Request for Mirena Brain Injury Litigation
Women whose Mirena lawsuits allege severe neurological side effects of the IUD will not have their cases centralized in a multidistrict litigation, according to a federal Panel’s recent decision to deny such a request from plaintiffs.
Recent reports indicate that the U.S. Judicial Panel on Multidistrict Litigation (JPML) rejected the plaintiffs’ recent motion on the grounds that not enough similar lawsuits had been filed to warrant a multidistrict litigation.
“Given the few involved counsel and limited number of actions, informal cooperation among the involved attorneys is both practical and preferable to centralization,” the Panel’s order stated. The request that was denied by plaintiffs involves claims that the IUD may cause an elevation of cerebrospinal fluid in the skull, a condition referred to as idiopathic intracranial hypertension. As a result, plaintiffs claimed to have experienced headaches and vision problems.
Mirena IUD Migration, Perforation Lawsuits Now Filed in New York
Meanwhile, a federal litigation involving claims that Mirena can spontaneously migrate and perforate the uterus has already been established in the U.S., where lawsuits are continuing to move forward in the U.S. District Court, Southern District of New York. The JPML’s most recent update indicates that 907 lawsuits had been filed as of August 15.
The Panel points to this proceeding in its decision to reject plaintiffs’ request for the centralization of Mirena brain injury lawsuits. At least 50 IUD migration and uterine perforation claims had been filed at the time the first litigation was created, the Order notes, and were split between 18 federal districts.
If the Mirena litigation was to be formed, the IUD’s manufacturer, Bayer Healthcare Pharmaceuticals, had suggested the Southern District of New York as a suitable location. Plaintiffs disagreed, citing the Northern District of Alabama or the Western District of Kentucky as possible sites for a proceeding.
Not unlike claims alleging device migration and uterine perforations, Mirena IUD lawsuits that involve neurological problems say Bayer failed to adequately warn about this and other side effects in its marketing of the birth control implant. The birth control implant was designed defectively, given its potential to harm women, plaintiffs similarly allege.
In addition to Mirena lawsuits now filed in New York federal court, hundreds of additional claims have been consolidated in New York’s Bergen County Superior Court. These cases allege similar injuries caused by the Bayer IUD.
Pursue a Mirena Lawsuit
Women who may have experienced spontaneous IUD migration and other side effects of Mirena are encouraged to contact our Firm today for a free and confidential lawsuit evaluation. Call us today at (877) 779-1414.