Mirena IUD Birth Control Class Action Lawsuit-Like Consolidation
A request has been filed to consolidate all Mirena IUD birth control lawsuits for coordinated handling as part of an MDL, or multidistrict litigation. If the consolidated proceedings are established, all lawsuits filed in the federal court system will be transferred to one judge where they will be coordinated in a manner similar to a Mirena class action lawsuit. However, there are important differences between an MDL and a class action.
Mirena is a levonorgestrel-releasing intrauterine system, which is also often referred to as an IUD, or intrauterine device. The small T-shaped birth control is inserted into the woman’s uterus to prevent pregnancy for up to five years.
Although Bayer has aggressively promoted Mirena a hassle-free form of birth control, a substantial number of women have experienced complications where the Mirena IUD, where it migrated from its initial implant location, perforating the uterus and other organs, causing infections and abscesses, and leaving women unknowingly unprotected against the chance of pregnancy.
At this point, only eight product liability lawsuits have been filed in the federal court system for a Mirena injury. However, based on the number of women who are now contacting our attorneys to review a potential claim, we expect that there will soon be hundreds, and likely thousands, of lawsuits brought throughout the country by women who allege that Bayer failed to adequately warn about the risk of serious problems, such as:
- Organ Perforation
- Other Complications Resulting Surgical Removal of Mirena
Mirena IUD MDL vs. Class Action
The U.S. Judicial Panel on Multidistrict Litigation has been asked to centralize all federal Mirena IUD lawsuits in the Northern District of Ohio. However, Bayer Healthcare has not yet responded to the motion and the Panel will ultimately determine the most appropriate transfer venue if an MDL is established.
If the panel does decide to consolidate the cases, they would be managed in a manner similar to how a Mirena birth control class action would be handled during pretrial litigation, to reduce duplicative discovery, avoid conflicting pretrial rulings from different judges and to serve the convenience of the parties, witnesses and the courts. However, each lawsuit remains an individual claim and each plaintiff must still contact a lawyer and establish that their health problems were caused by side effects of Mirena IUD.
Many people commonly confuse an MDL with a class action lawsuit, since a large number of similar cases will be coordinated by the courts. However, ultimately if a Mirena settlement is not reached as part of the MDL, each claim would be remanded back to the U.S. District Court where it was originally filed for an individual trial date.
Unlike a class action lawsuit, where all claims are litigated through a class representative, each individual’s Mirena injury must be evaluated separately, as the impact of complications will be different in each case.
MIRENA MIGRATION CLASS ACTION LAWYERS
The Mirena class action lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a claim for themselves or a loved one who experienced severe problems that may have been caused by the Mirena IUD. All cases are evaluated by our law firm on an individual basis, and given the time and attention necessary to ensure that our clients maximize their recovery.
To review a potential case and determine if financial compensation may be available, request a free consultation or claim evaluation. All cases are handled by our Mirena attorneys on a contingency fee basis, meaning there are no fees unless a recovery is obtained. To review a potential case for you or your family, request a free consultation and claim evaluation.