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Court Orders the Selection of Potential Cases for the Second Mirena IUD Trial

Mar 23, 2015

Last week, the Superior Court of New Jersey ordered the parties involved to select cases that may be included in the second Mirena intrauterine device (IUD) trial.

On March 17, 2015, the court directed each side to select seven cases for potential inclusion in the Second Disposition Pool. The case is In Re: Mirena Litigation, Case No. 297 in the Superior Court of New Jersey Law Division: Bergen County. Raymond C. Silverman, partner at Parker Waichman LLP, has been appointed co-lead counsel in the litigation.

According to the order, the core criteria section in the plaintiff fact sheet must be completed by May 1, 2015 for a case to be eligible. Each side must report its selections to the court by email, by 4:00 p.m. Eastern Standard Time, on July 2, 2015. The court indicated that cases selected should not have unique or idiosyncratic circumstances.

The women who have filed lawsuits against Bayer HealthCare Pharmaceuticals, the maker the Mirena intrauterine device, allege they suffered injuries because of the device. The small, t-shaped device prevents conception by releasing a daily dose of the hormone progestin levonorgestrel. But when the device does not remain properly in place, it can cause complications, including pain, infection, and organ damage. Reports to the Food and Drug Administration (FDA) indicate that the device sometimes became embedded in the uterine wall or even perforated the uterus and migrated into the abdominal cavity.

Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP, said, "We are pleased to see the litigation moving forward and are delighted that we are one day closer to ensuring justice for those women who have alleged suffering serious, life-changing injuries as a result of the Mirena system."

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