Published on March 15th, 2016 | by Mike0
The Lawsuits Against Mirena
Well-Known Intrauterine Device (IUD)Under Investigation
Mirena is a popular intrauterine device (IUD) produced by Bayer. After complications due to the use of Mirena many women proceeded to file lawsuits against Bayer.
Statistics show that around 8.5 American women using birth control choose a long term method which is reversible such as an intrauterine device (IUD). The way an IUD works is that after being implanted hormones are emitted which can prevent pregnancy for up to five years making this a more fitting option for women who prefer not taking an oral contraceptive or who may forget to take it daily.
One of the most popular IUD´s is called Mirena and is produced by Bayer Pharmaceuticals has recently began to be investigated due to the many reported dangerous side effects. Many lawsuits have emerged with claims that state that Mirena is not only unreasonably dangerous but also defective.
One of the many claims of negligence being made against Bayer is that they deliberately sold a dangerous product to their consumers. This can be better described as concealing the true risk of certain complications and misleading advertising.
The Mirena IUD has been used in Europe since 1991 and was actually FDA (Food and Drug Administration) in 2000. The FDA however has reported that there have been over forty five thousand disadvantageous events linked to Mirena which have been reported which include but are not limited to device dislocation, device expulsion and vaginal hemorrhaging.
If you are unfamiliar with the Mirena device here is a brief explanation. It is a container made out of a flexible plastic which releases an uninterrupted dose of a hormone that is most commonly found in an oral contaçraceptive which is Levonorgestrel. By thickening the mucous lining of the uterus wall and lowering the motility as well as survival rate of sperm the Mirena device is meant to reduce the risk of pregnancy.
It has been reported that the use of Mirena can cause dangerous complications in some women which include but are not limited to perforation of the uterine wall, PID (pelvic inflammatory disease) which is a serious condition and ectopic pregnancy which is a pregnancy that takes place outside of the uterus and can be life-threatening.
Legal action is being taken against Bayer Pharmaceuticals by women who have suffered from using the Mirena IUD. Many of their claims state that the device is in fact defective and they are seeking compensation not only for lost wages and medical expenses but also for pain and suffering that they had to endure.
Why Would SOmeone File a Mirena Lawsuit?
As mentioned above many of the lawsuits filed against Bayer are due to manufacturing and selling a defective product, deceptive marketing, failure to divulge the very dangerous side effects associated with their product such as perforation of the uterus and impromptu migration of the IUD.
One specific point mentioned is Mirena’s failure to include a warning for doctors and consumers about these dangerous complications on their product labels. They merely stated that they were uncommon when in fact numerous women have in fact suffered from these “uncommon” adverse effects. Many plaintiffs who have already filed lawsuits are adding on a claim for punitive damages to be paid as well. They claim that Bayer cause harm not only knowingly but also willfully.
Alleged Complaints Towards Bayer:
Benefits of Mirena misrepresented.
Failure to warn of the many negative and dangerous side effects.
Stated that the products complications were “uncommon” when they are actually quite common.
Took part of misleading marketing techniques.
Breached implied and express warranties.
Did not provide proper instructions and warnings.
Not only knowingly produced but also sold a faulty product.
Designed a faulty product.
What Women Can File a Lawsuit?
ANy woman who has had any complication due to Mirena such as uterine perforation or device migration should consider filing a claim against Bayer. Not only to be compensated for any expenses relative to the complication but also for any pain or suffering experienced. Make sure you look for an attorney who is experienced with Mirena and can provide proper advice, help you build a solid case, let you know what to expect and help you through the process.
One such case is of a twenty four year old plaintiff who filed a lawsuit against Bayer for physical injuries that were permanent due to her use of the Mirena IUD. In order to remove the Mirena device she had to undergo surgery but the IUD was not in her uterus, it had migrated to her abdomen and to remove it another surgery was required.
NOt only were her side effects excruciating but her medical expenses vast and all because of a faulty IUD. In the complaint they stated that Mirena did not properly warn on their label that the IUD could in fact migrate through the body and they falsely advertised the IUDs benefits.
Another suit was filed against Bayer by Desaree Nicole Lee Johnson due to a perforation of her uterus after the IUD migrated from the uterus to her abdomen close to her liver. After undergoing surgery to remove she became pregnant which led to further treatment in the ER due to vaginal bleeding and an unfortunate miscarriage. This plaintiff is very upset due to the fact that she may now be infertile because of her use of Mirena. JOhnson states that Bayer knowingly release a faulty and dangerous product into the market.
Issues with Mirena
Although Mirena has a 99% success rate in preventing pregnancy it does not remotely protect against sexually transmitted diseases. Although there may be some benefits to Mirena there are also serious side effects associated with its use.
One of the biggest side effects associated with Mirena use is migration. That means that Mirena tends to migrate through the uterus wall and into other areas of the body, mainly the abdomen and cause damage as it migrates.
There have been patient reports of the uterine wall being perforated or penetrated after Mirena was implanted. If the uterus is penetrated by the device it can even migrate into the intestinal wall and wreak havoc causing abscesses, obstructions, perforation of the intestines or peritonitis.
Studies have shown that the Mirena IUD may migrate into the pelvis attach itself to the uterine or even the ovarian walls. This can be a complicated situation since it is difficult to find the IUD and then even more difficult to remove it, women in this situation had to undergo more than one surgery to find and then remove the IUD. The risk of uterine perforation is higher in women who six months after child birth use an IUD such as Mirena.