Request for Mirena Brain Injury Litigation Denied by Federal Panel

Published on August 18, 2014 by Sandy Liebhard

A federal panel has decided not to centralize lawsuits alleging Mirena brain injuries in a federal multidistrict litigation, stating that not enough similar claims have been filed over the IUD, according to recent reports.

The U.S. Judicial Panel on Multidistrict Litigation (JPML) denied a motion recently from plaintiffs who allege the IUD’s potential to cause an elevation of cerebrospinal fluid in the skull. This condition is referred to as idiopathic intracranial hypertension and may cause patients to experience headaches and vision problems, according to Mirena lawsuit claims.

“Given the few involved counsel and limited number of actions, informal cooperation among the involved attorneys is both practical and preferable to centralization,” the federal Order states.

Before the JPML rejected a possible Mirena brain injury litigation, the IUD manufacturer, Bayer Healthcare Pharmaceuticals said the U.S. District Court, Southern District of New York would make a suitable location, while plaintiffs moved for the Northern District of Alabama or the Western District of Kentucky. The Mirena IUD was approved by the U.S. Food and Drug Administration (FDA) in 2000, and is now frequently used to treat heavy menstrual bleeding. In 2009, Bayer received a Warning Letter from the FDA that scolded the company for overstating the IUD’s benefits, and downplaying its risks.

Nearly 2,000 Mirena Suits Move Forward in U.S. Litigations

In the JPML’s decision to reject Mirena plaintiffs’ request for an IUD brain injury litigation, the Panel points to a separate proceeding established in the U.S. District Court, Southern District of New York.

Lawsuits currently moving forward in this jurisdiction allege spontaneous migration of the device, which may also perforate the uterus and cause a range of serious complications. When that Mirena litigation was created, at least 50 similar claims had been filed against Bayer Healthcare Pharmaceuticals, split between 18 federal districts. At least 907 IUD lawsuits alleging spontaneous device migration, uterine perforations and other complications are now pending in New York federal court, according to the JPML’s recent Case List on August 15.

Mirena perforation and device migration lawsuits are also moving forward in a consolidated litigation underway in New Jersey’s Bergen County Superior Court. According to court documents updated on August 4th, at least 968 lawsuits alleging Mirena perforation and spontaneous migration of the IUD had been centralized at this location.

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