You might have seen ads in recent years for the birth control device Mirena. What you might not know is that women in Tennessee and around the country have complained about alarming side effects ever since the device appeared on the market.
If you experienced severe pain or distress from a Mirena implant in the Knoxville area, you deserve compensation for your suffering, as well as damages for medical expenses and lost wages. A Mirena lawsuit lawyer in Knoxville, TN at the Law Offices of Ogle, Elrod & Baril, PLLC can help you secure compensation during this difficult time.
Give us a call today: 865-546-1111.
What is Mirena?
Mirena is an intrauterine contraceptive device (IUD). Shaped like a T, the plastic implant stays in the uterus and emits a hormone called progestin, which is supposed to prevent pregnancy in sexually active women for up to five years.
What are the issues with Mirena?
For as long as Mirena has been on the market, a percentage of women using the Mirena IUD have reported dangerous side effects that go far beyond the manufacturer’s warnings for mild downsides such as irregular menstruation, cramping, or headaches.
The FDA has received tens of thousands of complaints about the device since it went on the market. Recent claims from users have indicated that the implant can change position over time, or migrate, which can lead to serious complications. Some women have reported devastating side effects that have required surgery or resulted in permanent reproductive damage, such as:
- Damage to organs
- Pelvic inflammation
- Uterine wall damage or perforations
- Pregnancy complications
Have other Mirena users sued the company?
Yes, well over a thousand users have. According to some of the lawsuits, Bayer knew these problems existed and deceived the public when marketing the device by exaggerating its positive effects while minimizing its dangers. Many cases cite a warning letter from the FDA in 2009 letter stating Bayer had exaggerated the effectiveness of the device in its marketing and misled consumers about the risks and benefits.
Some of the individual stories are terrifying. One woman featured in a Newsweek report, for example, underwent five surgeries by age 24, including a hysterectomy, after a Mirena IUD perforated her uterus and migrated into her abdomen. There are many other similarly disturbing examples of how a Mirena IUD has harmed women who use it.
What can I do if I sustained an injury from a Mirena IUD?
We can help you form or join an ongoing Multidistrict Litigation action (MDL). An MDL is a type of action known as a mass tort. If a company’s wrongdoing or negligence causes suffering on a mass scale, plaintiffs file their own suits to demand compensation rather than getting an equal share of a class settlement. However, they file lawsuits in a group to allow the sharing of resources.
Unfortunately, you must obtain an approval from the court before your case can go forward as an MDL. And judges do not always approve these MDLs. In July 2016, a federal judge in New York ruled against an MDL that included 1,300 Mirena plaintiffs.
What happens if a court dismisses an MDL that includes my case?
Unlike with a class action (i.e., a type of legal action in which multiple plaintiffs file one collective suit), individual plaintiffs in an MDL are free to refile lawsuits on the same grounds if the court dismisses an action, and new plaintiffs can also sue a manufacturer on those grounds.
If the court dismisses your Mirena suit, we can help you file an individual lawsuit or join another existing MDL. We have more than 20 years of experience handling complex litigation and standing up against negligent parties, including manufacturers of dangerous medical devices.
To hold Mirena liable, we must be able to prove that the product was in a “defective condition or unreasonably dangerous at the time it left the control of the manufacturer.” To do so, we can speak with an IUD expert to determine exactly how your accident occurred and whether a product that was working properly would have caused the same injury.
What can I expect from my Mirena case?
Drug manufacturers are responsible for making consumers aware of the dangers. While you should be able to recover the compensation you are due if a company creates a defective product or hides information about that product’s dangers, a company as large as Bayer has the resources to defend itself against lawsuits.
You can expect a frustrating uphill battle. Bayer’s legal team will do its best to claim that the product was not defective or that you knew of any dangers present with using the product.
Fighting a drug company by yourself is an uphill climb that nobody should attempt. A Knoxville Mirena lawsuit attorney can assemble evidence and testimony from experts to make the strongest case possible.
If you live in the Knoxville area and have suffered from using a Mirena IUD, you deserve the most qualified help possible. An attorney at the Law Offices of Ogle, Elrod & Baril, PLLC is available for a free consultation about your case. We can go over your options and determine the best route forward.
Call 865-546-1111 for help securing the compensation you deserve.