Could a Mirena class action settlement be a possibility in the near future? While Mirena lawsuits have been filed in a number of states, they are individual cases, not class actions. However, at some point, federally –filed claims could be consolidated in a multidistrict litigation and transferred to a single federal court for pretrial proceedings. Considering that some 2 million women in the U.S. currently use this IUD, it’s possible that this type of consolidated Mirena litigation could involve a large number of claims.

Mirena Litigation Consolidation

In January 2013, plaintiffs in Mirena lawsuits filed a petition with the U.S. Judicial Panel on Multidistrict Litigation (JPML) seeking the establishment of a consolidated Mirena litigation in Ohio federal court. While only eight federally-filed claims were pending at the time, the petition asserted that hundreds of additional Mirena lawsuits would be filed in the future. All of the lawsuits involve similar allegations that plaintiffs suffered uterine perforations and other serious injuries following spontaneous migration of the Mirena IUD. According to the petition, a consolidated Mirena litigation would preserve the court’s resources, and prevent duplicative discovery and conflicting rulings.

Consolidated Mirena litigations could also be established on the state level. The week before the petition requesting the federal Mirena litigation was filed with the JPML, the New Jersey Supreme Court denied Bayer Healthcare Pharmaceutical’s request for a consolidated docket for all claims filed in the state.  At the time, there were at least 16 Mirena lawsuits pending in state courts in New Jersey.

Mirena Class Action vs. Mirena MDL

In a Mirena class action lawsuit, a single complaint would be filed on behalf of all plaintiffs, and one individual would be designated a class representative. Class members have very little control in a class action claim, as all decisions, including those involving settlement, are left up to the class representative. Any Mirena settlement reached in the class action would be divided equally among plaintiffs regardless of their injuries once attorney’s fees were deducted. Because any Mirena litigation will likely involve a wide range of injuries of varying severity, a Mirena class action is probably not the best way forward for most plaintiffs.

Unlike a Mirena class action, a multidistrict litigation would allow each plaintiff to maintain the identity of their claim, and each would be evaluated on its own merits. The judge assigned to the multidistrict litigation would oversee all pretrial matters, including discovery. But if a Mirena settlement can’t be reached in a particular lawsuit and the case is not dismissed, it will be remanded back to the court where it originated for trial.

How Much Might a Mirena Settlement Be Worth?

The value of an individual’s Mirena settlement will depend upon the type of injury a plaintiff has suffered, and the severity. If you were injured by Mirena, you could be entitled to compensation for medical bills, lost wages, pain and suffering, emotional distress and other damages. The attorneys at Bernstein Liebhard LLP are available to answer any questions you might have regarding a possible Mirena settlement. To learn more, please contact the firm today by calling 1-877-779-1414.

Published February 8, 2013 by