Mirena Lawsuit Evaluation: Who Can File?
Women who have been injured by the Mirena IUD birth control device may be eligible to file a lawsuit holding manufacturer Bayer liable for damages, including compensation for past and future medical expenses, pain and suffering, as well as punitive damages intended to punish the company for its alleged misconduct. Through a Mirena lawyer, plaintiffs claim that Bayer willfully and knowingly exposed recipients of the device to harm. As the number of Mirena lawsuits grows throughout the country, with many cases being prepared for possible consolidation on the federal level, injured women are consulting a product liability expert to discover what criteria must be met to achieve a favorable Mirena lawsuit settlement or jury award.
Mirena lawsuit settlement criteria
The individual circumstances of each plaintiff’s injuries and allegations will determine whether or not a case can be filed, and how much a fair settlement or jury award will ultimately amount to. Factors to be evaluated by a Mirena IUD lawyer include:
- When did the patient first receive the device, and how long after did she first experience Mirena IUD problems?
- When did the injury occur? At the time of the insertion of the device, or after?
- What Mirena IUD side effects or complications did the patient experience? When did she report them to her doctor? Is there medical documentation of these injuries and attempts at treatment, including surgery to remove the device?
- Prior to receiving the Mirena IUD, did the patient’s doctor warn her of the risk of serious Mirena side effects?
- What is the extent of the plaintiff’s injuries? What is the total cost of medical treatment for the patient? As a result of her injury, has she been unable to conduct a normal lifestyle? Has she been deprived of wages or the ability to earn wages?
Mirena IUD problems
Mirena is a plastic, T-shaped intrauterine device (IUD) inserted into the uterus for a period of up to 5 years. It prevents pregnancy by keeping sperm from reaching the uterus, and by incrementally releasing the hormone levonorgesterel, which inhibits the production of eggs in the ovaries. It is estimated that 2 million U.S. women currently use the device.
Plaintiffs seeking a Mirena lawsuit settlement or jury award allege that the device is prone to becoming displaced, or “migrating” from its proper location in the uterus, causing a variety of potential complications, including:
- Perforation of the uterus
- Damage to intestines and adjacent organs
- Pelvic inflammatory disease
- Pain during intercourse
If a woman becomes pregnant due to the device malfunction after migration, possible complications include:
- Septic pregnancy
- Premature delivery
- Ectopic pregnancy (egg becomes fertilized outside of the uterus, usually in the fallopian tubes)
Mirena is marketed as a “hands-off” birth control device, since it does not require users to monitor their daily usage, as with oral contraceptives. When working properly, studies have indicated that Mirena has a failure rate of less than one percent.
Mirena lawsuits allege failure to warn
Plaintiffs who have filed, or are preparing to file, Mirena lawsuits have alleged that the device was defectively designed and not reasonably safe for use by consumers. They further claim that Bayer’s product warnings were insufficient, and did not adequately warn consumers of the scope or severity of the injuries whose risks they were unwittingly exposed to.
Dozens of Mirena lawsuits have been filed in state and federal courts, with many more expected. To date, no cases have reached trial. There have been no reports of Mirena IUD lawsuit plaintiffs having negotiated out-of-court settlements with Bayer.
Because of various state and federal statutes of limitations governing product liability and personal injury lawsuit filings, as well as a variety of other legal complexities involving Mirena IUD side effects cases, women who believe they have been injured by the birth control device are urged to contact an attorney to help them determine if they are eligible to seek compensation via a Mirena lawsuit settlement or favorable jury verdict.