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Mirena IUD Lawsuits: Settlements on the Horizon

Sibley Dolman Gipe Accident Injury Lawyers, PA represents individuals who are pursuing a Mirena injury case over complications caused by the Intrauterine Device (IUD), which could potentially perforate the uterus, migrate to other body parts, cause infection or other problems which require surgery to remove the IUD. Several initial claims for Mirena injuries were filed against Bayer in 2011. As of this month, there are approximately 400 complaints pending in state and federal courts throughout the United States. Currently, the Mirena litigation is still in the very early stages, and currently, there are no reported settlements between Bayer and those claiming Mirena related injuries. While Bayer has indicated they expect to fight the litigation, our experienced attorneys expect that the pharmaceutical company will eventually begin settling Mirena lawsuits. The litigation process will certainly be a lengthy one and the first Mirena trials are unlikely to commence before late 2015. It is common in complex pharmaceutical litigation that courts consolidate or centralize all lawsuits to coordinate discovery and pretrial proceedings. In April 2013, a Mirena MDL was established in the federal court system. Similar centralized proceedings are being considered for cases pending in New Jersey state court. As part of Multi-District Litigation, a small number of Mirena cases will be prepared for early trial dates, which are referred to as “bellwether” trials. Depositions and case-specific discovery in these Mirena suits, as well as the outcomes of early jury trials, are designed to help Multi-District Litigation parties gauge the strengths and weaknesses of their case. This process is designed to encourage and support the settlement. After the lengthy pre-trial proceedings and any bellwether trials, if a substantial amount of Mirena settlements do not take place, each case in the Multi-District Litigation will be remanded back to the courts where they were originally filed and the claimants will receive an individual trial date. In these cases, as in most cases, any attempts to settle are based primarily on what a jury would be likely to award in each specific case. If a lawsuit were to proceed to trial, a jury often considers the nature of the claimed injury, the severity of the damage and the economic impact to the injured party. Some common factors a jury may take into consideration include:

  • The effect that the Mirena birth control injury had on the overall physical and mental health or well-being of the injured party
  • Any past or future medical expenses caused by the Mirena IUD;
  • The extent and duration of the Mirena injury suffered from the IUD;
  • The pain, suffering and mental anguish caused by the Mirena injury in the past and future
  • Any lost wages or loss of future earning capacity.

If you are a woman who is currently using the Mirena IUD, it is advisable to have it removed if you are experiencing any pain, abnormal bleeding, or any of these other serious side-effects. The described symptoms after removal don’t happen to every woman and are not dangerous, as long as suicidal thoughts do not become acute. On the other hand, a migrating IUD (one that moves from its intended location) can lead to internal injuries, multiple surgeries, miscarriage, and possible sterility. Sibley Dolman Gipe Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 (833) 606-DRUG [3784]