A Michigan woman whose uterus was perforated by a Mirena® intrauterine device (IUD) has filed a lawsuit over the injuries she suffered as a result of the perforation.
The woman received her Mirena® IUD in November 2009 and it appeared to be properly in place then and for a time thereafter. But an x-ray performed in October 2012 showed that the device was no longer in her uterus; it had perforated the uterine wall and moved outside the uterus. In November 2012, the plaintiff underwent laparoscopic surgery to retrieve the device.
The plaintiff is suing for permanent physical injuries, substantial pain and suffering, and lost wages and medical expenses. Parker Waichman LLP filed the lawsuit on her behalf on February 15 in the Superior Court of New Jersey Law Division, Morris County (Docket No. MRS L-0432-13). Bayer Healthcare Pharmaceuticals, Inc. has been named as defendant.
A hearing has been scheduled this week to discuss a potential multidistrict litigation (MDL) for a group of Mirena® lawsuits.
The Michigan woman’s lawsuit alleges that the harm she suffered was a result of the defendant’s negligent and wrongful conduct: Bayer failed to warn about the risks of using the device. The court filing also notes that Bayer has a history of misrepresenting the safety of Mirena®. In 2009, the Department of Health and Human Services’ Division of Drug Marketing, Advertising, and Communications (DDMAC) wrote to Bayer about a number of unsubstantiated claims it made about the supposed benefits of the device in its “Simple Style” marketing program. The DDMAC said that Bayer had overstated benefits while failing to mention a number of risks.