Mirena IUD Lawsuit Litigation Delays Trial Selection Process by 60 Days
Women whose claims are pending in the federal Mirena lawsuit litigation will likely wait longer than expected to find out if their cases were chosen for trial, with all deadlines related to its bellwether selection process having been pushed back 60 days.
A Scheduling Order on February 26th, 2014 indicates that IUD lawsuits filed in the U.S. District Court, Southern District of New York will likely not be chosen before June of 2014. Other deadlines involving the process for selecting bellwether trials, which involve claims alleging spontaneous migration of the device, uterine perforations and other injuries caused by the birth control implant, have been delayed as well. According to court records, this new Order will affect at least 408 cases now filed in the federal proceeding on behalf of women who allegedly experienced Mirena perforation and other complications following implantation by a health care provider. Bayer Healthcare Pharmaceuticals has been accused of failing to adequately warn women and their doctors about these side effects in its manufacturing and marketing of the contraceptive.
630+ IUD Lawsuits Allege Mirena Complications in New Jersey
As of February 2014, hundreds of similar actions over the Mirena IUD had been filed in New Jersey’s Bergen County Superior Court. Plaintiffs involved in the multicounty litigation established there further allege that Bayer has overstated the benefits of its product and downplayed risks, and has been ordered against doing so in the past by the U.S. Food and Drug Administration (FDA). The federal agency sent Bayer a Warning Letter in 2009 that took issue with certain at-home marketing promotions of the IUD that told women they would “look and feel great” if they opted to use it as their birth control method. That same year, the FDA approved Mirena’s use in women who may be experiencing heavy menstrual bleeding.
A Case List posted on the Court’s website indicates that 630 cases alleging chronic pain, ectopic pregnancy, infection, perforation, vaginal scarring and other injuries had been filed with the Bergen County court as of February 25th. According to recent documents, this proceeding is continuing to move forward with a Status Conference scheduled for April 1, 2014.
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