January 18, 2013 – As the number of lawsuits filed over Bayer’s controversial Mirena intrauterine device (IUD) continues to grow, a motion has been filed to consolidate all such cases filed on the federal level before one judge as part of a multidistrict litigation (MDL). Consolidation is intended to reduce duplicative discovery, avoid conflicting rulings by different judges, and to serve the convenience of all parties involved in the litigation process. To date, Bayer faces at least eight federal Mirena lawsuits, all of which were filed on behalf of women who allegedly suffered complications such as perforation of the uterus, device migration, pain and infections, as well as other side effects after being implanted with the IUD.
Free Mirena Lawsuit Evaluation: If you or a loved one suffered a serious injury after being implanted with the Mirena IUD, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of Mirena and we can help.
What’s the problem?
In a motion filed this week with the U.S. Judicial Panel on Multidistrict Litigation (JPML), plaintiffs Stephanie Barnett and Kevin Crawford requested that all Mirena birth control lawsuits be consolidated in the Northern District of Ohio. In addition to the complaints filed by Crawford and Barnett, at least a half dozen other similar claims could potentially be included in the MDL. Each of the cases is currently pending in different federal district courts before different judges, with Ohio being the only state where more than one Mirena lawsuit is pending.
If the JPML decides to grant consolidation, the complaints will be handled in a manner similar to how a Mirena class action lawsuit would be managed to coordinate discovery and other issues common to all the claims. However, in a multidistrict litigation, each lawsuit remains its own individual action, where plaintiffs must establish that the Mirena IUD was defective and the cause of a severe injury. If a settlement agreement cannot be reached following pretrial proceedings and any potential bellwether trials, each individual lawsuit would be remanded back to the court where it was originally filed for trial.
The plaintiffs’ petition to consolidate the federal Mirena lawsuits came just two weeks after the Supreme Court of New Jersey turned down Bayer’s request to centralize the Mirena litigation at the state level. The company has not yet responded to the motion to established a federal MDL. Oral arguments over the matter are expected to take place at an upcoming hearing of the JPML in San Diego, CA., on March 21 or in Chicago, IL., on May 30.
Do I Have a Mirena Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Mirena lawsuits. We are handling individual litigation nationwide and currently accepting new Mirena injury cases in all 50 states.
Free Mirena Lawsuit Evaluation: If you or a loved one suffered a serious injury after being implanted with the Mirena IUD, you should contact our law firm immediately. You may be entitled to compensation by filing a Mirena suit and we can help.