Over objections raised by Bayer Healthcare Pharmaceuticals*, the United States Judicial Panel (“USJP”) on Multidistrict Litigation has consolidated most federal lawsuits alleging injuries caused by the Mirena intrauterine device. In the matter of In Re: Mirena IUD Products Liability Litigation, MDL No. 2434, the Panel ruled that cases alleging the migration and/or perforation of the device, and the inadequacy of the warnings issued by Bayer with regard to these risks, will now be heard in the United States District Court for the Southern District of New York.
In the Order signed by Acting Chairman Kathryn H. Vratil, the USJP noted that:
“Transfer under [28 U.S.C.] Section 1407 will offer the benefit of placing all related actions before a single judge who can structure pretrial proceedings to accommodate all parties’ legitimate discovery needs while ensuring that common witnesses are not subjected to duplicative discovery demands.”
In a hearing last month in San Diego, attorneys representing women alleging injuries caused by the Mirena IUD, including William M. Audet of Audet and Partners, LLP in San Francisco, CA, argued that the number of claims now being filed was of a size that clearly warranted consolidation.* The USJP apparently agreed in its Order, ruling that transfer of the Mirena lawsuits “promotes the just and efficient conduct of this litigation.”
“In consolidating the large number of Mirena lawsuits spread throughout the United States, the USJP is ensuring the efficient administration of justice for women who have suffered serious injuries allegedly caused by the Mirena IUD ranging from dangerous abscesses to infertility,” explains William Audet. “We look forward to seeing that these claims are properly addressed in the multidistrict litigation established by today’s Order.”
The Mirena IUD, manufactured by Bayer, was approved by the FDA in 2000 as a contraceptive device recommended to women who have had at least one child. This small, t-shaped plastic device is inserted by a health care professional and can be left in place for up to five years.**
Among its marketing strategies for the Mirena IUD, Bayer held “Mirena Parties” for “busy moms” in connection with the social networking site Mom Central. At these gatherings, a representative from Mom Central was joined by a nurse practitioner. The orchestrated presentation included a marketing script touting the ability of Mirena to help women “look and feel great” and heighten sexual intimacy with their partners.**
If you, or one close to you, may have suffered serious side effects as a result of use of the Mirena IUD, you can request a free case review by calling Audet and Partners, LLP at (800) 965-1461, or by visiting http://www.mirenacomplaints.com online.
SOURCES:
* http://www.prweb.com/releases/2013/3/prweb10561279.htm
