Mirena IUD Lawsuit MDL Centralized in Southern District of New York
A federal multidistrict litigation, or MDL, has been established for all Mirena IUD lawsuits filed in U.S. District Courts throughout the country. All complaints filed throughout the federal court system involving allegations that the Mirena IUD migrated after insertion will be transferred to U.S. District Judge Cathy Seibel in the Southern District of New York for coordinated proceedings.
Following oral arguments heard last month in San Diego, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order establishing the Mirena MDL late yesterday.
Despite objections by Bayer Healthcare, which argued that the Mirena litigation should not be centralized before one judge, the Panel indicated:
While we agree that these actions present a number of individualized factual issues, the existence of such issues does not negate the common ones, including in particular, those concerning the alleged risk of perforation and migration posed by the product and the adequacy of the product’s warning label with respect to those risks. Almost all injury litigation involves questions of causation that are case- and plaintiff-specific. Such differences are not an impediment to centralization where common questions of fact predominate.”
There are currently only about 40 lawsuits involving Mirena IUD injuries pending throughout the federal court system. However, our product liability lawyers expect that there will ultimately be several thousand cases filed on behalf of women who experienced complications from Mirena IUD, including:
- Perforation of the Uterus
- Migration of the Mirena IUD to Other Parts of the Body
- Infection
- Surgical Removal of Mirena
Similar consolidation is also being considered in New Jersey state court, where more than 60 Mirena IUD lawsuits are currently pending.
While such centralized proceedings are often confused with a Mirena class action, there are important differences. Despite coordinated pretrial proceedings, each lawsuit remains an individual claim where the plaintiff’s lawyer must document the migration injury and establish that such problems could have been avoided if adequate warnings were provided.
The Mirena IUD injury lawyers at Saiontz & Kirk, P.A. are reviewing potential claims for individuals throughout the United States. All cases are handled under a contingency fee agreement, which means there are no Mirena attorney fees or expenses unless we win.
To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.
1 Comment • Add Your Comments
Kelly says:
I am a healthy 36 years old. I had the Mirena inserted 2.5 years ago. On Dec 8, I was rushed to the hospital by squad due to severe abdominal pain. After several hours of test, I was pregnant and was being admitted to the hospital because it was a tubal pregnancy. Right before surgery it ruptured. Let’s just say “I was at the right place at the right time.” I have lost one of my fallopian tube and been out of work.
Posted on December 18, 2013 at 5:47 am