Bayer Mirena Litigation Continues to Grow

Bayer AG, which has already seen its income drop over the extensive litigation surrounding Yaz and Yasmine birth control pills, faces a growing number of lawsuits over its Mirena IUD product. Bayer recently began trying to consolidate the over 15 Mirena lawsuits in New Jersey.

The New Jersey Mirena lawsuits allege that Bayer failed to adequately warn of the risks Mirena poses and that Bayer produced a defective product. The suits further allege that Mirena caused uterine perforations, infections, and that the IUD that was designed to stay in place for five years, has migrated outside of the uterus is some instances. Mirena received FDA approval in 2000 as a contraceptive. The FDA gave further approval to Mirena in 2009 to treat heavy menstrual bleeding in women who wise to use the IUD for contraception. A doctor inserts the T-shaped device into a woman’s uterus. Mirena works by disrupting the sperm from fertilizing the egg and by releasing progestin levonorgestrel to prevent ovulation.

 

The FDA issued Bayer a warning over Mirena in 2009 when it found that advertising and marketing surrounding Mirena both overstated it effectiveness and downplayed its risks. The marketing was aimed at young mothers and was suggestive of Mirena increasing intimacy. Other Mirena marketing claims such as that the device will help users “look and feel great”, were made even though the IUD had known side effects that included weight gain, acne, ad breast pain and tenderness. The FDA lists the risks of Mirena to include ectopic pregnancy, intrauterine pregnancy, group A streptococcal sepsis, perforation of the uterine wall or cervix, and the device becoming embedded in the uterine wall.

 

Bayer has aggressively marketed Mirena as a safe and hassle-free form of birth control. The current wave of litigation alleges that Bayer failed to adequately warn the medical community and potential users of the real risks associated with Mirena. The lawsuits further allege that Bayer put profits ahead of safety by the manner it marketed the IUD.

 

It is not yet known how the Mirena litigation will affect Bayer. In its third quarter report, Bayer disclosed that its net income dropped 17.8 percent, in part because it had to set aside millions more possible settlements of the Yaz and Yasmin lawsuits.

 

Yaz Blood Clot Litigation

In addition to its troubles with Mirena, Bayer has recently set aside more than $600 million to cover potential settlements and judgments over alleged health risks, including blood clots and DVT, tied to Yaz and Yasmin. (Click here for Business Week story).
If you or a loved has used Mirena and has suffered side effects such as infection, uterine or cervix perforation, or having the device become imbedded in the uterine wall, contact an experienced Mirena attorney today to protect your legal rights. Time may be short.  The lawyers of Slater Slater Schulman LLP are here to help. Please call us to discuss your potential  Mirena lawsuit at 1-800-251-6990 or fill out the form on the right of this page and someone from our office will contact you to discuss your case.

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