Claimants have filed numerous lawsuits against Bayer Healthcare Pharmaceuticals for the manufacturing and selling of the Mirena intrauterine device (IUD). Although Mirena and other IUD birth control devices have become increasingly popular in the United States, users allege it can have dangerous side-effects, including device expulsion, device dislocation, and vaginal hemorrhage.
Bayer Healthcare Pharmaceuticals is a well-established, global, healthcare company. Headquartered in Leverkusen, Germany, Bayer specializes in consumer healthcare products, agricultural chemicals, high value polymers, and biotechnology products. Bayer Healthcare Pharmaceuticals is most recognized for manufacturing medications for pain relief. In fact, as early at 1897, Friedrich Bayer created a breakthrough in pain relief with the production of aspirin. Later Bayer manufactured and sold another popular, non-prescription medication called Alka-Seltzer.
In 2000, the Food and Drug Administration approved the sale of Mirena IUD for birth control. Later they approved it for the use of heavy menstrual bleeding in women already using an IUD. Today, medical experts estimate there are millions of women using some type of IUD to decrease the risk of pregnancy. Unfortunately, some users now allege that Mirena IUD may have serious side-effects, including perforation of the uterus leading to adhesions, intestinal obstruction, and abscesses. Other woman may have serious pain if the IUD moves to other parts of their body. Still others have experienced pelvic inflammation, device expulsion, ectopic pregnancy, or intracranial hypertension or Pseudotumor Cerebri which can lead to headaches or vision loss.
In 1863, Businessman Friedrich Bayer and dyer Johann Friedrich Weskott founded the Friedr. Bayer et. Company. The first product manufactured and sold was dyes used in the textile industry. By 1881, the company’s growth increased, although the sale of their dyes remained their most profitable product. Bayer, however, was a German company, and after the end of World War I many of their assets were confiscated, including product patents and trademarks which were auctioned to other companies. Despite setbacks in the 20s and 30s, Bayer Healthcare Pharmaceuticals was able to recover.
Now they have business operations on all five continents. They also employee an estimated 55,300 workers in more than 100 countries. Bayer Healthcare Pharmaceuticals distributes many products, including Kogenate, YAZ, Eylea, Contour, Adalat, Betareron, Aleve, Ultravist, Levitra, and Gadovist. They credit their success to their extensive efforts in the development, pre-clinical, and clinical testing phases of product manufacturing.
Manufacturers have the responsibility to produce, market, and sell products which are safe for their intended use. They also have the responsibility to adequately warn users of the potential hazards of using their products. Users of the Mirena IUD have filed suit against Bayer Healthcare Pharmaceuticals claiming the company failed to sufficiently warn them about the dangers of spontaneous migration and the possibility of perforation of the uterus. According to the lawsuit, Bayer Healthcare Pharmaceuticals knew about the risk and dangers of their products, but they did nothing to stop the manufacture and sale of this defective product. Claimants also suggest Bayer Healthcare Pharmaceuticals used misleading advertising, concealed the harmful information about Mirena, and overstated the benefits of using Mirena.
Currently, there are more than 2,000 complaints which have been filed against Bayer Healthcare Pharmaceuticals in federal and state courts, with some cases expected to be litigated sometime in late 2015. Complaints filed through the federal court system were consolidated in April 2013 into a Mirena MDL (Multidistrict Litigation) claim. U.S. District Judge Cathy Seibel in the Southern District of New York will coordinate these case proceedings. Other centralized proceedings will be heard in New Jersey state court, where a large number of cases have also been filed. This state court litigation is assigned to Judge Brian Martinotti. These cases are not consolidated but will require each claimant to prove their injury was caused by Mirena IUD complications. Due to the complexity of Mirena IUD claims, it is important to discuss your case with an injury lawyer.