Mirena IUD Lawsuit Consolidation Yet To Be Determined
While a decision on Bayer’s Motion opposing the consolidation of federal Mirena lawsuits is yet to be issued, more women are surfacing to share their experiences related to implantation and the subsequent side effects of the Mirena IUD. Consequently, more lawsuits are being filed.
Regardless of the decision to be issued by the court in connection with Bayer’s opposition to federal case consolidation, Bayer will have to account for the allegations being made against them, and the numerous cases of damages suffered by their users.
Entire websites and blogs are being created by victims, detailing their horrific experiences with this particular IUD. Many of the victims have said that they were under-informed about the side effects, which have caused them extreme hardship and in some cases, irreparable damage. These include:
- Migraine headaches
- Weight gain
- Decreased libido
- Extreme fatigue
- Abdominal cramping
One of the Plaintiffs, a Missouri woman, experienced no side effects after the initial implantation; however, approximately one year later, she began experiencing severe cramping. A visit to the ER and an ultrasound revealed that the Mirena IUD had perforated her uterine wall, leading to surgery for its removal. Bayer’s caution in this regard was only in reference to perforation during implantation, not after.
Another startling situation involved a young woman whose Mirena IUD had migrated within her body. Her health care providers were unable to locate the IUD after its migration, and assumed that it had fallen out. Unfortunately, it had not fallen out but remained in her body for years. It was not located until she began experiencing abdominal cramping when she was 12 weeks pregnant, which required a very high risk surgery to remove the IUD.
Infertility as a result of uterine perforation is a possibility. One woman became pregnant shortly after she underwent surgery to remove a Mirena IUD that had perforated her uterine wall. She subsequently suffered a miscarriage and now may be infertile.
As with many pharmaceutical companies, Bayer invested millions in their marketing campaign, targeting “busy moms” who already had children and were looking for a long-term, effective and convenient form of birth control that had the ability to increase a woman’s libido. This campaign was hugely successful. The use of IUDs as an effective means of birth control increased 10.4 percent. Bayer clearly over-promised and under-delivered.
The pending lawsuits allege that Bayer misrepresented the benefits of Mirena, failed to warn about dangerous side effects, understated the product’s complications as “uncommon,” engaged in deceptive marketing, breached implied and express warranty, concealed the harmful side effects of Mirena, failed to provide adequate warnings and instructions, produced and knowingly sold and distributed a defective product, and designed a defective product.