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A class action lawsuit has been brought on behalf of Canadian women who have suffered problems with a Mirena IUD, where the implanted birth control device perforated the uterus and migrated out of position.
The complaint was filed against Bayer last month in Nova Scotia Supreme Court by Amy Tudor, who alleges that she became pregnant after her Mirena IUD moved out of position.
Tudor indicates that she had the Mirena IUD implanted in December 2010, to provide long-term birth control for up to five years. However, in November 2012, Tudor discovered she had become pregnant while Mirena was implanted, and a ultrasound confirmed that the IUD had moved into the lower area of her cervix. As a result of the complications, Tudor indicates that she will have to undergo laparoscopic surgery to remove the Mirena IUD.
The Mirena lawsuit seeks class action status to include all Canadians who have suffered perforation of their uterine wall as a result of migration of the product. According to a report by Halifax Chronicle Herald, lawyers involved in the complaint indicate that the number of women in Canada impacted could “run into the thousands.”
Allegations raised in the Mirena IUD class action lawsuit mirror claims raised in dozens of complaints filed by women throughout the United States, which argue that Bayer failed to adequately warn about the risk of perforations and migrations that may occur long after the birth control device is implanted, which can cause damage to internal organs, infections and leave women unprotected against the risk of pregnancy.
In the U.S. federal court system, more than 50 product liability lawsuits over Mirena have been centralized for coordinated pretrial proceedings as part of a Mirena MDL, or multidistrict litigation. It is ultimately expected that hundreds, if not thousands, of cases will be filed over the coming months.
As part of the consolidated litigation, lawsuits filed in U.S. District Courts throughout the country will be transferred to the Southern District of New York for pretrial proceedings and any early bellwether trials. While the cases are handled in a coordinated manner similar to how a class action lawsuit over Mirena would proceed, each lawsuit transferred into the MDL remains an individual lawsuit in the United States.
If a Mirena settlement agreement or other resolution for the litigation is not reached following pretrial proceedings, each case may be remanded back to the U.S. District Court where it was originally filed for a separate trial.