February 27, 2014 — The number of Mirena lawsuits pending in state court in New Jersey and a federal Multi-District Litigation (MDL) in New York has surpassed 1,000. Women continue coming forward to seek compensation and justice for uterine perforation, infection, migration, removal of Mirena, and other serious side effects.
Bayer HealthCare, the manufacturer of the Mirena Intra-Uterine Device (IUD), is facing 408 lawsuits in MDL No. 2434, In re: Mirena IUD Products Liability Litigation, according to a case list (.PDF) published February 19. The litigation is overseen by Judge Cathy Seibel in the U.S. District Court for the Southern District of New York.
Even more lawsuits are pending in New Jersey Superior Court. Judge Brian R. Martinotti issued a case list (.PDF) confirming 628 Mirena lawsuits. The cases are consolidated in a Multi-County Litigation (MDL) in Bergen County.
Lawyers involved in the litigation expect it to continue growing rapidly. Since 2008, the FDA has received 5,000 reports of the Mirena IUD moving out of place. Although Bayer provides warnings about uterine perforation during implantation, hundreds of women have reported perforations that occurred months or even years after receiving Mirena.
The complaint is that Bayer failed to warn — and continues to conceal — risk information linking Mirena to spontaneous perforation of the uterus. In 2009, the FDA sent the company a warning letter for promoting Mirena with ads the FDA called “misleading” because they overstated the benefits and minimized the risks of Mirena.