Mirena Lawsuit Stayed in Ohio Federal Court Until JPML Decides Whether to Move Case to MDL
Pending a federal panel’s decision to transfer a Mirena lawsuit to the multidistrict litigation currently underway in the U.S. District, Southern District of New York, a federal judge in Ohio has stayed the case until further notice.
Claims included in this lawsuit against non-diverse health care defendants were also severed and remanded to state court on May 29th, 2013 by Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio after being filed in the Stark County Court of Common Pleas in Ohio in March.
The plaintiff who has opposed the motion to stay the case, which alleges injuries from the Mirena IUD birth control device, originally brought three state product liability counts and a claim for punitive damages against its manufacturer, Bayer Healthcare Pharmaceuticals.
Mirena IUD Lawsuit Allegations
The company then removed the claim to federal court after filing a petition that pointed out its similarities to those already pending in the Southern District of New York. In citing the reasons why the Mirena IUD lawsuit should be moved, the medical device manufacturer said it was “one of many product-liability cases now pending in federal courts that share common factual allegations regarding the alleged risks of uterine perforation and migration associated with the Mirena IUD and the adequacy of the FDA-approved product warnings.”
Bayer also argued the plaintiff had no basis for a claim against the medical defendants in her case, which include the Aultman Health Foundation, Aultman Hospital, Aultman Physician Center-OB/GYN, since medical malpractice claims are time-sensitive. The company further claimed that those defendants had been fraudulently joined in an attempt to keep the lawsuit in state court.
According to court documents, Judge Lioi has released the following statement to explain the situation: “Bayer wants to stay all proceedings until the Judicial Panel on Multidistrict Litigation decides whether to transfer the case for inclusion in the MDL action before the Southern District of New York (and buttresses its argument in favor of this course of action by arguing that removal was proper because the medical defendants were fraudulently joined).”
As of May 2013, there were at least 50 Mirena IUD lawsuits pending in the federal litigation underway in the U.S. District Court, Southern District of New York. Plaintiffs in these cases allege the birth control implant was designed defectively by Bayer, given its potential to spontaneously migrate within a woman’s body. As a result, abscesses, infection, uterine perforations and other side effects may occur, according to lawsuits.
File a Mirena Lawsuit
If you were implanted with the Mirena IUD and suffered uterine perforations and other complications, you may be eligible to state your case against Bayer Healthcare Pharmaceuticals. Contact Bernstein Liebhard LLP to learn how to file a claim at (877) 779-1414.