Mirena IUD FAQ’s


Below are answers to some of the most frequently asked questions regarding the Mirena IUD Lawsuit.  We’d be happy to answer any questions you may have. If you have suffered from serious Mirena IUD complications and would like to learn more about filing a Mirena IUD Lawsuit please call us at 888-364-6688 or submit the free case evaluation form on this page.

Why are women filing Mirena IUD lawsuits?

Women who have filed Mirena IUD lawsuits allege the device caused them to suffer a number of serious Mirena complications, including perforation of the uterine lining or uterine wall, migration of the device from its original position after being inserted, abscesses, infertility, scarring, adhesions, infections,  and need for hysterectomy.  Mirena IUD side effects lawsuits further allege Bayer failed to use reasonable care in designing the Mirena IUD, and failed to properly and thoroughly test Mirena before putting it on the market.  Among other things, plaintiffs in Mirena IUD lawsuits claim Bayer failed to adequately warn consumers about the risk for serious Mirena side effects.

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Has a Mirena recall been issued?

No Mirena recall has ever been announced or issued, despite the growing number of lawsuits and adverse event reports associated with the IUD.   However, as the number of Mirena IUD lawsuits continue to mount, it is likely that calls for a Mirena recall will increase.

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What are the qualifications for filing a Mirena lawsuit?

In order to ensure the best possibility of having a valid claim, you must have had Mirena properly inserted by a physician. You also must have had a follow-up appointment confirming that that the IUD was in place. Further, the Mirena IUD must have spontaneously migrated from its original position and required surgery to remove; if you suffered from pregnancy, intestinal perforations or obstruction, infection, infertility or uterine perforations, you may have a case.

If your doctor feels that he or she does not want to remove Mirena but it has still migrated or if the device is embedded in your uterus, requiring a removal surgery, we will still consider your case. Additionally, there are other factors such as time of placement that may affect whether or not you will qualify.

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Will using another IUD disqualify me from filing a Mirena lawsuit?

Right now, Bernstein Liebhard is only accepting claims from patients who were fitted with the Mirena IUD. You are not entitled to file a Mirena lawsuit if you have suffered injuries from another IUD.

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Is there a difference between a Mirena lawsuit and a Mirena class action lawsuit?

Yes. A class action lawsuits groups a large number of plaintiffs together that have suffered from similar damages; these plaintiffs almost always receive the same compensation for their injuries. On the other hand, an individual Mirena lawsuit benefits plaintiffs who may have suffered other damages or more serious injuries; they may be entitled to more compensation than they would expect to receive had they joined a Mirena class action lawsuit.

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Do I have to file a Mirena claim within a certain amount of time?

You must file within a timeframe known as the statute of limitations in order to remain eligible. This amount of time you have is based on the area in which the injury occurred or, most often, your county or state of residence. If you do not file within this time period, you risk losing your right to file a claim for compensation forever.

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Is there a statute of limitations for Mirena lawsuits?

While the statute of limitations will depend on the state in which the injury occurred or, in this case, the date and location where you were implanted with the device, you may generally expect to have a two-year window in which you can file a claim, although this will vary according to the state in which the injury took place. Bernstein Liebhard represents clients across the country so our attorneys will be able to give you accurate information pertaining to your specific statute of limitations after speaking with you.

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I live outside of New York where your firm is based. Will you still represent me?

Yes. Bernstein Liebhard represents clients across the United States. Although we are physically located in New York City, we actively handle Mirena cases in all 50 states, Puerto Rico, and US territories.

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Am I entitled to file a Mirena lawsuit even if I did not suffer any injuries while the IUD was in place?

Currently, you must prove that you suffered from a pregnancy, intestinal obstruction or perforations, infection, infertility or uterine perforations while the device was implanted in you.

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Who is being sued in Mirena lawsuits?

Women bringing Mirena lawsuits are suing the manufacturer of the Mirena IUD, Bayer Pharmaceuticals.

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Are there any outstanding warnings by the FDA regarding Mirena?

Yes. Although the Mirena IUD was approved by the FDA in 2000 for use in women seeking an alternative method of contraception.

  • In 2008, the FDA issued changes to the warning label to include warnings regarding perforation, embedment, intrauterine pregnancies, expulsions, breast cancer and ovarian cysts.
  • In 2009, the FDA issued a warning letter to Bayer pertaining to their lack of evidence amid claims that Mirena did not provide consumers with the quality of life the manufacturer had promised in their marketing materials. The FDA claimed that their ads were irrelevant, issued false claims and led consumers astray by distracting background music and photos.
  • In 2012, the FDA reportedly received over 45,000 complaints between its introduction and June 2012. Women most commonly reported device dislocation, device expulsion and excessive vaginal bleeding.
  • In 2013, the FDA increased the number of complications to over 70,000.

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Why is Mirena still being used if it is so dangerous?

Women will always seek the most convenient and reliable method of birth control to help in their family planning efforts. Because the device can remain in place for up to five years, women relish in the fact that they do not have to remember to take a pill, wear a patch or receive an injection every few months. However, as more lawsuits are filed and more women are realizing the potential dangers of the device, fewer are choosing Mirena as their preferred birth control method.

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Is it possible to become pregnant while using Mirena?

Yes. While the device is intended to increase cervical thickness and prevent sperm from fertilizing eggs, many women have reportedly become pregnant while implanted with Mirena. The device is allegedly prone to migration and embedment; if the device is no longer in its proper location within the uterus, the hormones that it releases will not function in the manner in which they are intended, causing ectopic pregnancies, or pregnancies that occur outside of the uterus. In these cases, women risk losing a Fallopian tube, their baby and possibly their ovary if the zygote continues to develop outside of the uterus.

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What is the first step I should take if I want to file a Mirena lawsuit?

It is in your best interest to speak with an experienced lawyer who can review your case. At Bernstein Liebhard, we represent clients across the U.S. and we will work with you to determine if you are eligible to file and what documentation you will need to provide to ensure you get the maximum amount of compensation to which you are entitled.

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Can Mirena be fatal?

While implantation of the device itself is not fatal, shifting or migration of the device after insertion can cause life-threatening complications that may result in death if not treated quickly and properly. For instance, sepsis is an infection that could be fatal. Other complications such as perforation of the uterus can cause potentially fatal organ damage and an ecotopic pregnancy can kill a mother if not treated in time.

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What happens if you don’t accept my case?

If we do not accept your case or feel that you are not eligible to file a Mirena lawsuit, you will not owe us for any legal fees or expenses. Our consultations are free, and you will never be obligated to pay for our services unless we are able to make a recovery on your behalf.

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How big is the current Mirena litigation?

According to court documents, there are 105 Mirena lawsuits pending in federal multidistrict litigation in the U.S. District Court, Southern District of  New York as of July 2013.  In addition to federal litigation, over 170 Mirena IUD lawsuits have been filed in a multicounty litigation currently underway in New Jersey’s Bergen County Superior Court.  Many legal experts expect more claims will be filed in the near future.

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Have there been any Mirena settlements so far?

As of August 2013, no settlements or verdicts have been reached. However, lawsuits have been filed across the country, and the cases may be consolidated into multi-district litigation. Typically, a lawsuit may take up to two years from the date of filing before it reaches a trial, although this may vary based on the severity and complexity of the case.

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How do I know if my Mirena IUD has migrated?

Women who are implanted with the Mirena IUD are advised to regularly check the guide strings attached to the IUD. If the strings cannot be located, the woman should seek medical attention because the device may have migrated.

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What are the symptoms when Mirena migrates?

If the IUD  has moved, some symptoms the woman may experience include cramping, bleeding, changes in menstruation, infection, and abdominal pain.

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Can Mirena cause miscarriages?

Attorneys are investigating incidents of miscarriage after the Mirena IUD device is removed. Though device manufacturer Bayer claims women can get pregnant after the device is removed, many women have claimed that they suffered a miscarriage after becoming pregnant immediately after the device was removed, despite having no problems with pregnancy or delivery prior to using the device. Recently, a woman filed a personal injury lawsuit against Bayer claiming that use of Mirena caused her to suffer three miscarriages after device removal.

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What is Mirena perforation?

The Mirena IUD may perforate the wall of the uterus where it is implanted. Mirena may migrate or move from its intended position and cause internal injury. In fact, in January 2014, a woman filed a lawsuit against Bayer claiming that the Mirena IUD punctured the wall of her uterus when it spontaneously migrated from the place it was implanted.

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How many complaints associated with Mirena have been filed with FDA?

More than 70,000 adverse events have been filed with the U.S. Food and Drug Administration. Nearly 6,000 of these adverse events include device migration with organ perforation.

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What is the status of the Mirena IUD multidistrict litigation in New York?

Currently, there are 428 federally filed lawsuits consolidated to the U.S. District Court for the Southern District of New York under U.S. District Judge Cathy Seibel (In Re: Mirena IUD Products Liability Litigation MDL 2434).

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What is the status of the Mirena IUD multi-county litigation in New Jersey?

There are currently 628 Mirena IUD cases in Bergen County Superior Court in New Jersey under Judge Brian R. Martinotti (In Re: Mirena Litigation, Case No. 297). The court ordered Case Management Conference for April 1, 2014.

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Can my husband file a Mirena IUD lawsuit?

In some cases, the marriage of a woman who has received a Mirena IUD can be so affected by side effects and complications of the device that the husband may qualify for loss of consortium.

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Can use of the Mirena IUD cause me to have a hysterectomy?

Attorneys continue to investigate claims that use of the Mirena IUD can cause abnormal cell growth, infection, and scarring, which can necessitate a hysterectomy.

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I want to have the Mirena IUD removed. Must it remain in place for the full five years?

Whether you are currently experiencing complications or you are just beginning to notice adverse side effects, you may opt to have the Mirena IUD removed at any time. However, it is important to note that it may be in your best interest to first consult with a trained healthcare professional rather than attempting to remove the device yourself.

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What can a Mirena IUD lawyer do for me?

The attorneys at Bernstein Liebhard LLP can help you to understand whether you may be able to pursue a claim against Bayer as well as the type of claim for which you may be eligible. Consider seeking legal representation as soon as possible if you have noticed any adverse or life-threatening complications after you were fitted with the Mirena IUD.

The attorney with whom you work may speak to insurance providers on your behalf, obtain your medical records, discuss your condition with your healthcare provider, arrange for medical experts, interview individuals who may have witnessed your complications and more.

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Why is Mirena still being used if it is dangerous?

Many women will always seek the most reliable and convenient method of birth control to aid in their family planning efforts. Because Mirena can remain in place for up to five years, many women find it easier to receive this implant than to remember to take a pill, receive an injection or wear a patch. However, as more women are beginning to file lawsuits against Bayer, more potential and current Mirena IUD recipients are realizing the potential risks of the device, and fewer are choosing the Mirena IUD as their preferred method of birth control.

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What is the status of the New Jersey Mirena IUD litigation?

As of October, 2014, nearly 1,100 cases have been consolidated to New Jersey Bergen County Superior Court (In Re: Mirena Litigation; Case No. 297). These lawsuits allege that device manufacturer Bayer failed to warn consumers and their physicians of the serious risks including uterine perforation and spontaneous migration, and overstated the benefits of the device. A Case Management Conference is scheduled for November 18, 2014.

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What is the status of the New York Mirena IUD Federal MDL?

As of October 2014, about 1,040 lawsuits are consolidated to the U.S. District Court for the Southern District of New York (MDL No 2434). These lawsuits also allege some patients suffered scarring, adhesions, infection, organ damage, and other health issues due to uterine perforation or spontaneous migration of the device. The first bellwether trials in the Multi- District Litigation (MDL) are scheduled to begin in 2016.

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Can I still file a Mirena IUD lawsuit even though a federal MDL has been formed?

Yes, you can still file a lawsuit against Bayer if you have suffered injury because of the Mirena IUD. An increasing number of lawsuits are being filed across the country, some are joining the current MDL formed in New York, while others are being filed in other court systems. Your attorney will help you determine if you are eligible to file a Mirena IUD lawsuit.

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What should I do If I suffered a Mirena injury?

If you or someone you love has experienced problems with your Mirena IUD, you should consult your doctor.  Be sure to obtain records of all of your appointments and expenses, as they will be important evidence in your Mirena lawsuit. The lawyers at Bernstein Liebhard LLP offer free legal evaluations to victims of Mirena, and if your claim is valid, we will handle your case on a contingency fee basis.   That means you will pay no fees unless our attorneys obtain a recovery on your behalf.  To learn more about your legal options, please give us a call at 1-888-364-6688.

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Will I be suing my doctor if I file a Mirena IUD lawsuit?

No.  Our firm is evaluating Mirena IUD lawsuits that involve injuries which occurred after the IUD was PROPERLY inserted.  Plaintiffs in these claims experienced spontaneous device migration, sometimes long after the IUD was implanted, which in turn led to uterine perforations and other Mirena side effects.  These lawsuits allege Bayer failed to provide adequate warnings about the risk of serious Mirena injuries.

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How much money can I expect to receive by filing a Mirena IUD lawsuit?

Our attorneys believe victims of serious Mirena complications may be entitled to significant compensation for medical bills, lost wages, pain and suffering, emotional distress, and other damages.

To find out more please call our Mirena IUD lawsuit lawyers at 1-888-364-6688 or submit the free case evaluation form on this page.

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When should I file my Mirena IUD lawsuit?

One of the first things a Mirena IUD lawyer will do in investigating your potential claim is research statute of limitations issues. Every state has a “statute of limitations,” which gives individuals a certain amount of time to file a Mirena IUD Lawsuit. Some states require that any potential claim be filed within a set time after the injury occurred. Other states start the clock running once the connection between the injury and potential cause can be reasonably established. Any lawsuit arising from an injury must be filed within the certain time limit or the injured person’s legal claim will be barred and the right to sue will be lost forever.

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I don’t have health insurance. Can I still file a Mirena IUD lawsuit?

Yes.  If you lack health insurance, it is even more important that you contact an attorney if you were harmed by Mirena.  Compensation from a Mirena IUD lawsuit could cover all of your medical expenses, ensuring you are not burdened by debt as a result of your injury.

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How much will it cost me if a Mirena IUD lawyer takes my case?

If we take your case, you will generally pay nothing unless there is a recovery. If there is a recovery, we will ordinarily receive a percentage of that total recovery. The fee arrangement is clearly set out in a retainer agreement between the client and the firm.

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How common are Mirena injuries?

According to data released by an Adverse Events Report on December 18, 2012, the FDA has disclosed receiving over 45,000 complaints involving women who suffered complications while using the Mirena IUD.

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When did Mirena come to market?

Mirena was approved as a method of birth control by the U.S. Food & Drug Administration (FDA) in 2000.  In 2009, the IUD was granted approval to treat heavy menstrual bleeding for women who desire to use an IUD as contraception.

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What should I do If I suffered a Mirena IUD side effect?

If you were injured by Mirena, you may be entitled to file a Mirena IUD lawsuit.  The lawyers at Bernstein Liebhard LLP would be happy to assist you with your potential Mirena lawsuit.  The firm offers free, no obligation lawsuit evaluations to all victims of Mirena IUD Side Effects.  Simply give our attorneys a call today at 1-888-364-6688 to discuss the legal options available to you.

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Why should I choose your firm to represent me in my potential Mirena IUD case?

Our Mirena IUD lawyers have extensive experience, and have recovered billions of dollars for their clients.  In addition to being staunch advocates for your claim, our lawyers will also provide personal attention to guide you through the complex legal process.

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What type of records will you need from me if I file a Mirena IUD lawsuit?

To be sure you receive all of the compensation you deserve, you must keep your attorney updated on your medical care and treatment.  If you are considering filing a Mirena IUD lawsuit, be sure to track all of your medical expenses and days absent from work due to your injury or treatment.  You will also need to keep copies of all of your medical records relating to your treatment.

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How does Mirena work?

Actually, no one is really sure how Mirena works.  According to Bayer, the device may:

  • Thicken cervical mucus to prevent sperm from entering the  uterus
  • Inhibit sperm from reaching or fertilizing an egg
  • Make the lining of the uterus thin.

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How many women use Mirena?

According to Bayer, some 2 million women have used Mirena.  Long-acting birth control methods are becoming more popular, and IUDs like Mirena are now being used by 10% of women who use birth control, a sharp increase over the past decade.

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How long will my Mirena IUD lawsuit take?

Even though many cases settle before trial, this does not usually happen until both sides have prepared the case. Generally, lawsuits take about two years from filing to trial. This can vary significantly based on the complexity of your case, and other factors.

Our best advice is to be patient and to give one of our Mirena IUD lawyers a call if you have any questions. We are always willing to tell you exactly what is happening with your case. In the meantime, you can trust that our team is working hard for you.

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What are the Mirena lawsuits about?

Young women around the country have begun filing Mirena lawsuits alleging the device caused various injuries after it migrated from its original location in the uterus, including:

  • Abscesses
  • Erosion of nearby tissue
  • Infertility
  • Inflammation of the membrane in  the abdominal cavity and internal organs (Peritonitis)
  • Intestinal perforations or obstruction
  • Pelvic Inflammatory Disease
  • Uterine perforation
  • Embedment in the uterine wall
  • Ectopic pregnancy

Mirena lawsuits further allege that Bayer downplayed the risk of serious Mirena injuries in its advertising for the device.

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Will the Mirena litigation be large?

As of August 2012, 16 Mirena IUD lawsuits were pending in various New Jersey Superior Courts.  However, Bayer has petitioned the New Jersey Supreme Court to consolidate those and future claims in a single Mirena proceeding in Middlesex County. Consolidated proceedings are established for large and complex litigations.

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If you take my Mirena case, what will I have to do?

You will play a significant role. You will need to keep us informed about your medical treatment and physical condition. Depending on what stage your case reaches, you may have to be deposed.  If your case does not settle, you may have to be present for the trial.

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What is the cost to evaluate my potential Mirena Lawsuit?

There is no cost. Our lawyers will give you a free and confidential review of your potential Mirena case.

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What is the Mirena IUD?

The Mirena IUD is an intrauterine device designed to provide women with long-term, but reversible, birth control.  The IUD is inserted by a healthcare provider during an office visit, and can remain in the uterus for up to five years.  Once there, it releases a low-dose of levonorgestrel, a synthetic progestin, directly into the uterus. Mirena was approved by the U.S. Food & Drug Administration (FDA) in 2000 as a contraceptive, and its approval was expanded in 2009 for the treatment of heavy menstrual bleeding for women who desire to use an IUD as contraception.

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I don’t speak English. Will I be able to discuss my case with someone at your law firm in Spanish?

Yes.  Bernstein Liebhard LLP has attorneys and legal staff available to answer any questions in English or Spanish related to a potential Mirena IUD lawsuit. We have also setup a Mirena website fully available in Spanish. It has been created to provide important information to anyone in the Hispanic community suffering from Mirena IUD injuries.

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Why did the FDA fault Bayer for its Mirena marketing?

In 2009, the FDA issued Bayer a Mirena warning letter, citing its “Busy Moms” marketing campaign for making misleading claims about the device.  The campaign, which Bayer coordinated with the social networking site, “Mom Central,” was centered around Mirena IUD parties organized either at people’s homes or at restaurants.  During these parties, a nurse practitioner and representative from Mom Central would present a scripted talk that touted the purported benefits of Mirena.  According to the Mirena FDA warning letter, the agency took issue with statements in the script that discussed Mirena’s supposed ability to improve a woman’s sex life and help her “look and feel great.”  The FDA also said the marketing program downplayed Mirena IUD side effects and made misleading statements about the monthly or daily routines necessary to ensure the Mirena IUD’s proper functioning.  Bayer has since ended the “Busy Moms” campaign.

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What is the status of the Mirena IUD litigation?

A number of Mirena IUD lawsuits have been filed by women throughout the country.  In August 2012, Bayer petitioned the New Jersey Superior Court to centralize all Mirena lawsuits filed in the state in Middlesex County.  At that time, 16 Mirena IUD lawsuits were pending in the state, but it is expected that more claims will be filed in the future.

On February 26, 2014 the federal court updated the deadlines for the bellwether trial selection process in the Mirena MDL. Court documents say that the potential bellwether cases are to be chosen by June 2014.

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I live in the United States, but I am not a US citizen. Can I still file a Mirena IUD lawsuit?

Most likely.   While the U.S. Supreme Court has never addressed the issue of undocumented immigrants, many lower courts in the U.S. have held that these individuals are entitled to sue for personal injuries, and have the right to recover compensation for medical bills, lost wages and other damages caused by their injuries.  With competent legal counsel on your side, your immigration status should have very little impact on filing a Mirena IUD Lawsuit.

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What are some possible Mirena side effects?

The Mirena IUD label lists a number of possible Mirena side effects, including:

  • Uterine Perforations:  Mirena uterine perforations can occur during insertion, or as a result of the IUD migrating from its original location.  Should the Mirena IUD perforate or puncture the uterine wall, it can lead to other complications.  Mirena uterine perforations require surgical removal of the IUD.
  • Ectopic Pregnancy:  A Mirena ectopic pregnancy occurs outside of the uterus, usually in a fallopian tube.  An ectopic pregnancy is fatal to the fetus, and can endanger the mother’s fertility, as well as her life.  About half of the pregnancies that occur with Mirena are ectopic pregnancies.
  • Group A streptococcal sepsis (GAS):  GAS is a serious infection that can be life-threatening.  Women considering the Mirena IUD should be tested for GAS prior to implantation.
  • Pelvic Inflammatory Disease (PID):  PID is an infection of the uterus, fallopian tubes and other reproductive organs that can lead to infertility.  Women considering Mirena should be evaluated for PID.
  • Embedment:   If the Mirena IUD migrates from its original location, it can become embedded in the uterine wall.  This Mirena complication requires surgical removal.
  • Ovarian Cysts:  Like other hormonal forms of birth control, Mirena is associated with an increased risk of ovarian cysts.
  • Pregnancy Complications:  If a woman becomes pregnant while using Mirena, she is at risk for a number of serious pregnancy complications, including: septic abortion, septicemia, septic shock, and death.  There are also some concerns that exposure to Mirena might “masculinize” the external female genitalia of newborns.  No studies have been conducted to determine if having the MIrena IUD in place during pregnancy increases the risk of birth defects.   Should a woman become pregnant while using the Mirena IUD, it is important she have the device removed as soon as possible.
  • Breast Cancer:  Some women have developed breast cancer following insertion of the Mirena IUD.  However, the FDA has not determined if there is a causal relationship between Mirena and breast cancer.
  • Irregular bleeding and heavy periods (amenorrhea):  These Mirena side effects are most common during the first year after insertion.
  • Expulsion.

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How does Mirena prevent pregnancy?

According to Bayer Pharmaceutical’s Mirena IUD website, the device may thicken cervical mucus to prevent sperm from entering the uterus; thin the lining of the uterus to make it incompatible for pregnancy; and inhibit sperm from reaching or fertilizing an egg.

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Will my Mirena IUD lawyer keep me updated on my case?

Certainly. Our lawyers will keep you updated at all stages of your Mirena IUD lawsuit and answer any questions you may have along the way.

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What type of compensation might victims of serious Mirena injuries be entitled to?

Victims of serious Mirena complications may be entitled to significant damages, including compensation for:

  • medical expenses
  • lost wages
  • permanent disability costs
  • pain and suffering

To find out more please submit the Free Case Evaluation form on this page or give us a call us at 1-888-364-6688.

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