The U.S. Judicial Panel on Multidistrict Litigation (JPML) has agreed to create a centralized proceeding for all federally-filed lawsuits involving certain brain injuries allegedly associated with use of the Mirena IUD.  A Transfer Order dated April 6th indicates that these claims will now undergo coordinated pretrial proceedings in the U.S. District Court, Southern District of New York.

The Transfer Order encompasses 113 Mirena lawsuits pending  in 13 federal jurisdictions, all of which were filed on behalf of women who allegedly suffered pseudotumor cerebri/idiopathic intracranial hypertension due to the hormones emitted from the IUD. More than 30 potential tag-along actions may also be eligible for transfer, as will any similar cases filed in federal court in the future.

The JPML denied a similar request for centralization in 2014, after finding that there were too few filings to justify doing so. At the time, there were only nine Mirena brain injury cases pending in six federal districts.

The creation of this multidistrict litigation will allow the federal docket to undergo coordinated discovery other pretrial proceedings. Centralized litigations are intended to promote judicial efficiency and preserve legal resources when large number cases alleging similar injuries been filed over the same product or class of products.

Levenorgestral and Pseudotumor Cerebri

Mirena contains a synthetic form of progestin called levenorgestrel. Plaintiffs involved in this litigation claim that Bayer Healthcare Pharmaceuticals failed to warn patients and doctors that exposure to this hormone  may cause a buildup of fluid in the skull, which in turn may lead to chronic headaches, progressive vision loss or permanent blindness. Symptoms of pseudotomor cerebri  mimic those of a brain tumor, and may include:

  • Migraine-like headaches that range from moderate to severe
  • Ringing in the ears
  • Nausea and Vomiting
  • Temporary or permanent blindness
  • Loss of peripheral vision
  • Double vision
  • Seeing flashing lights
  • Papilledema (swelling of the optic disk)
  • Neck, shoulder or back pain

Pseudotumor cerebri can be treated via lumbar puncture or brain shunt. However, the condition can lead to life-long problems and permanent disability if the disorder is not recognized and treatment is delayed.

Bernstein Liebhard LLP is actively filing Mirena brain injury lawsuits, and our attorneys continue to provide free legal reviews to prospective plaintiffs. To learn more, please call 877-779-1414 to contact our office today.

Published April 12, 2017 by