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Court Refuses to Consolidate Pseudotumor Mirena Lawsuits

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New York, NYDespite a request from plaintiffs in nine Mirena lawsuits to centralize those actions into one Mirena side effects lawsuit, the US Judicial Panel on Multidistrict Litigation has refused to do so. The nine lawsuits are different from other Mirena birth control lawsuits, which allege Mirena is linked to uterine perforation.

The nine lawsuits allege Mirena, an intrauterine contraceptive device, is linked to an increased risk of neurological conditions. Specifically, the lawsuits allege Mirena is linked to an increased risk of pseudotumor cerbri because of the exposure to levonorgestrel in Mirena.

According to the Mayo Clinic, pseudotumor cerebri, sometimes called idiopathic intracranial hypertension, involves an abnormal elevation of cerebrospinal fluid in the skull, causing increased pressure in the patient’s skull. The condition has been linked to headaches, swelling of the optic nerve and vision loss.

The plaintiffs requested that the nine suits be centralized because they have similar claims and facts.

The panel, however, ruled that because there are only nine suits, because they were filed by the same plaintiffs’ counsel, and because they all name the same defendant, there is no need to centralize the suits. Instead, the panel said, overlapping discovery can be shared.

“Although plaintiffs assert that the number of actions is likely to expand substantially, the mere possibility of additional actions does not convince us that centralization is warranted,” the panel wrote. The panel also noted that the Mirena uterine perforation and migration consolidation involved many more lawsuits filed in a variety of districts when it was consolidated. Finally, the panel noted that the neurological symptoms allegedly linked to Mirena are nonspecific, which can result in the defendants undertaking an inquiry as to each plaintiff being properly diagnosed.

A refusal to centralize lawsuits at this stage does not mean that the lawsuits will never be centralized. Plaintiffs in Lipitor lawsuits faced a similar situation in 2013, when their request to have lawsuits centralized was denied. At the time, the panel ruled that with only five lawsuits and 24 potential tagalongs, there was no need to consolidate. By 2014, however, the number of lawsuits had increased to 56, with 170 potential tagalongs. At that point the request to consolidate was approved. As of August 2014, there were approximately 1,000 Lipitor lawsuits filed.

Mirena lawsuits alleging uterine perforation and migration have been consolidated for multidistrict litigation. Those lawsuits accuse Bayer, maker of Mirena, of selling an unsafe, defective device.

The pseudotumor cerbri consolidation case is In Re: Mirena IUS Levonorgestrel-Related Products Liability Litigation, MDL No. 2559.

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READER COMMENTS

Posted by

on
I just had to have my Mirena surgically removed. A very painful & unpleasant experience. I had to pay $400 to have this procedure done also. Then after I got home from surgery I passed out in front of my 5 yr old son whom I probably traumatized by seeing his mom pass out & lose all consciousness!

Posted by

on
I had my first mirena inserted in 2007. I kept it for a couple of years. I had my second mirena inserts in February of 2011. I started experiencing numbness in my hands off and on through out the day I told my doctor about it he assured me it could not be caused by the mirena. I started having black floaters in my eye. I went to the eye doctor and was told it usually doesn't happen until later in life but everything looked normal. My vision then started getting blurry , I went to the eye doctor and he told my my optic nerve was swollen and that I could possible have a tumor on my brain. I had an MRI with contrast the results where normal I also had a spinal tap (lumbar puncture) the reading was elevated but I was over weight so the doctor seemed to be ok with the results I went to an eye specialist and was told I just had a swollen optic nerve. I had the mirena removed in December 2012 I still have the floaters.

Posted by

on
I'm 17 years old, and although i did not use an implant, i took an oral pill that releases the same chemical (levonorgestrel) I went to the doctor because i had signifigant hearing loss. They told me they thought i had acoustic neuorma, a brain tumor. I was in shock. What would cause this to happen. It effected my life in multiple ways. I have not offically been diagnosed with a Pseudotumor, but i now believe that i have one and that it was caused by my birth control. I am in complete shock. I figured i would share incase anyone is looking into this but on an oral pill.

Posted by

on
I had my second Mirena placed in January 2014. I had no problems with the first one, so I gave no thought to having it replaced. June of 2014 I started getting the worst headaches, that soon turned into daily migraines. On September 11, 2015, I went to an eye exam, because I thought I was needed a new prescriptition. The Dr. looked at me said you need to go the ER and have a MRI done. I did, and after being in the ER for over 24 hours a Contrast MRI, and a lovely Lumbar Puncture, the Doctor told me I have a Pseudotumor. Thanks Mirena, you have cost me more than you will ever know!

Posted by

on
I had this IIUD

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