Contact a LawyerSubmit information about a potential case to be reviewed by an attorney.
By: Irvin Jackson | Published: January 2nd, 2013
A Kentucky couple has filed a product liability lawsuit against Bayer over problems with Mirena birth control, alleging that the intrauterine device (IUD) is defectively designed and migrated away from where it was implanted.
The complaint (PDF) was filed on December 17, by Kara Sweet and her husband, Brandon, in the U.S. District Court for the Western District of Kentucky.
According to allegations raised in the lawsuit, Sweet had a Mirena IUD implanted in December 2010, and a follow up examination revealed that the birth control device was properly placed.
Mirena is a t-shaped device that is designed for prevent pregnancy for up to five years. It was introduced by Bayer in 2000, and has been promoted as a hassle-free form of birth control.
However, Sweet indicates that she began to experience pain and cramps in her abdomen by January 2012, and an ultrasound examination revealed that the Mirena had migrated to somewhere between her uterus and rectum.
As a result of the Mirena birth control migration, Sweet ultimately had to undergo surgery to remove the device, which was found the right posterior portion of the cul-de-sac, next to the broad ligament.
Growing Number of Mirena Birth Control Lawsuits
The complaint is similar to a growing number of product liability lawsuits filed over Mirena birth control, where women allege that Bayer negligently designed the device and failed to adequately warn about the risk of debilitating injuries that may be caused by Mirena migration after placement.
In August, Bayer filed a request to centralize the Mirena birth control litigation filed in New Jersey state court, which is where the manufacturer’s U.S. headquarters are based. At that time, there were at least 16 different product liability lawsuits involving problems with Mirena filed throughout the state, and Bayer indicated that it expected the number of cases to continue to increase as Mirena product liability lawyers continue to review and file additional claims.
Sweet’s lawsuit accuses Bayer of defective manufacturing and design, negligence, failure to warn, strict liability, breach of warranty, negligent misrepresentation, and fraud. Her husband is suing for loss of consortium. The lawsuit seeks both compensatory and punitive damages.