October 2, 2015 — A second set of cases have been selected for “bellwether” trials in the Mirena litigation against Bayer HealthCare.
The first set of cases are scheduled to go to trial in March 2016. Another five cases were randomly selected for another round of trials.
U.S. District Judge Cathy Seibel currently oversees the federal litigation in the Southern District of New York. As of September 15, there were 1,143 cases pending in MDL No. 2434. Another 2,000 cases are pending at the state level in a Multi-County Litigation (MCL) in New Jersey.
Cases continue to be filed at a steady pace. One recent lawsuit in New Jersey (Case 2:15-cv-03874) by Chelsea Dawn McClune, a woman who received Mirena in 2013.
After using the IUD for just four months, McClune experienced severe abdominal pain and went to the hospital. She was diagnosed with a uterine perforation. Doctors found the IUD embedded near her fallopian tubes and performed emergency surgery to remove Mirena. McClune is now seeking compensation for her pain and suffering, medical expenses, and more.
She is not alone in her complaint — thousands of other women accuse Bayer of downplaying the risk of spontaneous uterine perforations.
While the label warns about perforations during the insertion procedure, Bayer has resisted updating the label to warn about perforations that occur months or years after Mirena is inserted. As a result, many women have been misdiagnosed because their doctor assumed Mirena had simply fallen out.