Information on Mirena Class Action Lawsuits
Thursday November 27, 2014
Millions of women have been implanted with the Mirena IUD. Since its release on the U.S. market, users have reported serious side effects, including migration of the implant, embedded Mirena IUDs, and perforation of the uterus. For the reasons detailed on our Mirena lawsuits page, litigation is now underway to compensate victims nationwide.
Individuals who wish to speak with a Mirena class action attorney may contact our firm at (888) 524-1181 or use our brief online form to schedule a free case evaluation.
Lawsuits of this nature are often thought to be part of a Mirena class action. At this time, however, a Mirena class action has not been established. Rather, each claim has been filed as an individual Mirena lawsuit in various state and federal courts around the country. That said, actions are being taken to coordinate Mirena lawsuits with one another in various ways, as described below.
Motions Not Yet Filed to Create Mirena Class Action
While plaintiffs have not sought to create a Mirena class action lawsuit, other motions have been filed by both the defendant and plaintiffs to coordinate the growing number of Mirena lawsuits. These motions have been filed in both state and federal courts in the U.S.
In August 2012, the defendant Bayer HealthCare Pharmaceutical Inc. sought to centralize all the Mirena lawsuits pending in New Jersey state courts before a single superior court judge. The company requested that all present and future Mirena lawsuits in that state be filed in the Middlesex County Superior Court as a part of a multicounty (or "mass tort") litigation. On January 8, 2013, the New Jersey Supreme Court denied Bayer's request. Accordingly, neither a multicounty litigation nor Mirena class action lawsuit was established at that time. On May 13, 2013, however, the Court reversed its decision and centralized more than 60 pending Mirena cases before Judge Brian Martinotti in Bergen County.
In January 2013, plaintiffs in the federal court cases filed a petition to consolidate all federal Mirena IUD lawsuits before a single judge in the United States District Court for the Northern District of Ohio. Under federal law 28 U.S.C. § 1407, the judicial panel on multidistrict litigation may consolidate matters involving common questions of law and fact. Such matters become known as a multidistrict litigation (or MDL). On April 8, 2013, the JPML granted the petition, but decided to centralize the litigation before Judge Cathy Seibel in the United States District Court for the Southern District of New York.
Mirena Class Action Lawsuits Compared to Multidistrict Litigation
A Mirena class action lawsuit would share some similarities with a multicounty (state court) or multidistrict (federal court) litigation. Certain discovery proceedings such as reviewing company documents and taking testimony from witnesses could be streamlined and applied to all the cases involved. The same would be true of decisions and rulings made by the presiding judge.
The primary difference arises in the context of awarding legal damages. In Mirena class actions lawsuits, each plaintiff who suffered a particular type of injury would be placed in a pre-designated category. Each category would represent a general type of Mirena class action injury. At the end of the Mirena lawsuit, each plaintiff in a given category would receive the same amount in compensation. On the other hand, in a multicounty or multidistrict Mirena litigation, each individual plaintiff receives compensation based on the specific facts of her case and the particular Mirena legal damages she suffered.
Finding a Qualified Mirena Class Action Attorney
The Mirena lawyers at our firm are qualified to help in either Mirena class action lawsuits or individual lawsuits. Our Mirena IUD attorneys have years of experience and national recognition in defective drug and medical device litigation. Contact us today to discuss your claim at no cost.