How Long Will It Take to Settle Mirena Injury Cases?
The lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a Mirena injury case over complications caused by the Intrauterine Device (IUD), which has may perforate the uterus, migrate to other parts of the body, cause infection or other problems that result in the need for surgery to remove the birth control.
Find Out If You or a Loved One May Be Entitled To Receive a Mirena Settlement
At this time, the litigation remains in the very early stages, and there have not been any reports of Bayer reaching any Mirena settlement agreements to date.
Bayer has indicated that it expects to fight the litigation. While our lawyers expect that the pharmaceutical company will eventually have to begin settling Mirena lawsuits, the litigation process is likely to be a lengthy one and the first Mirena trials are unlikely to begin until at least the second half of 2015.
While the first cases for Mirena injuries were filed against Bayer in 2011, there are only about 400 complaints currently pending in state and federal courts throughout the United States, as of October 2013.
Given the large number of women who are contacting the Mirena injury lawyers at Saiontz & Kirk, P.A. and other law firms, it is ultimately expected that the size of this litigation will increase rapidly over the next few years.
Process to Begin Settling Mirena Cases
It is common in complex pharmaceutical litigation that the courts will consolidate or centralize all lawsuits to coordinate the discovery and pretrial proceedings for the Mirena injury cases. In April 2013, a Mirena MDL was established in the federal court system and similar centralized proceedings are being considered for cases pending in New Jersey state court.
As part of these coordinated proceedings, a small number of Mirena cases will be prepared for early trial dates, known 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 the parties gauge the strengths and weaknesses of their cases and to promote negotiations to settle Mirena cases.
Following the lengthy pre-trial proceedings and any early bellwether trials, if a large number of Mirena settlements are not reached, then each case may be remanded back to the courts where they were originally filed for an individual trial date.
Factors Considered in Mirena IUD Injury Settlement Negotiations
Any negotiations to reach Mirena injury settlements will be based on what a jury is likely to award in each case. If a lawsuit proceeds to trial, a jury will take into account the nature of the claimed injury, the severity of the damage and the economic impact of the injury from the Mirena IUD.
Some of the common factors that a jury may consider include:
- The extent and duration of the Mirena injury suffered from the IUD;
- The effect that the Mirena birth control injury had on the overall physical and mental health or well-being of the plaintiff;
- The pain, suffering and mental anguish caused by the Mirena injury in the past and which will likely be suffered in the future;
- The amount of any past or future medical expenses caused by the side effects of Mirena IUD;
- Any lost wages or loss of earning capacity.
The lawyers at Saiontz & Kirk, P.A. are providing free consultations and claim evaluations for women who have experienced problems and complications, to help evaluate whether financial compensation may be available through a Mirena settlement.
Although it appears that Bayer knew or should have known for years about the risk of women suffering a severe and debilitating injury with Mirena, the company failed to research the risks or warn that users may face complications linked to Mirena IUD migration.
As a result of the drug maker’s decision to place their desire for profits before consumer safety, our lawyers believe that Bayer will be required to pay substantial compensation to settle Mirena lawsuits filed on behalf of women throughout the country.
To review a potential claim with our Mirena attorneys for yourself, a friend or family member, request a free consultation and claim evaluation.