Hundreds of Mirena lawsuits are currently pending in the Mirena Multidistrict Litigation (MDL), which is located in the United States District Court for the Southern District of New York. U.S. District Judge Cathy Seibel is in charge of the MDL. Roger Smith, a lawyer in our firm’s Mass Torts Section, was appointed by Judge Seibel to the Plaintiffs’ Steering Committee (PSC) for the Mirena MDL. The PSC oversees the consolidated litigation.
Roger says there have been a number of positive developments recently in the Mirena litigation. The lawyers on the PSC have met and negotiated with Bayer HealthCare Pharmaceuticals concerning the Plaintiff Fact Sheet (PFS), Defense Fact Sheet (DFS), and the document production protocol. For those of you who haven’t been involved in MDL work, the PFS must be completed by every individual Plaintiff filing a claim, usually within 30 to 45 days following the filing of the Complaint. Typically the PFS is the only written discovery allowed by the court. The next court conference is scheduled for November 21, 2013, and it will address additional litigation issues, including the important pretrial discovery process.
In addition to the Mirena MDL, more than 210 Mirena cases are pending in a multi-county litigation now underway in New Jersey’s Bergen County Superior Court before Judge Brian R. Martinotti. Recently, Judge Martinotti entered a confidentiality stipulation and protective order to govern document production protocol. Judge Martinotti has approved a PFS for this litigation as well. The next case management conference is set for November 20, 2013, and it will address additional litigation issues, including the pretrial discovery process.
Lawyers in our firm’s Mass Torts Section continue to evaluate and file Mirena claims involving migration with uterine wall perforation. If any of our readers have a claim that they would like for us to review, or if there are any questions relating to the Mirena litigation, contact Roger Smith at 800-898-2034 or by email at Roger.Smith@beasleyallen.com.