More than 1,200 Mirena cases have been filed in the federal court Multidistrict Litigation (MDL) and are now pending in the United States District Court for the Southern District of New York. Each of these women alleges that, after a successful placement procedure, her Mirena device spontaneously perforated the uterine wall and migrated outside of the uterus, requiring surgical removal. In the last three years, the Plaintiffs’ Steering Committee (PSC) has been hard at work, reviewing millions of pages of documents produced by Bayer and taking depositions of current and former Bayer employees, as well as experts designated to testify at trial.

While preparations were underway for the first Mirena bellwether trial slated to begin this spring, U.S. District Judge Cathy Seibel issued an order that the PSC’s causation experts cannot testify that Mirena is capable of perforating the uterus after the IUD is correctly placed. Citing methodological problems, Judge Seibel found Plaintiffs’ experts’ testimony to be unreliable and inadmissible.

Following that ruling, the Court granted Bayer’s request to file an omnibus motion for summary judgment. As our lawyer readers well know, a summary judgment without trial is appropriate when one party is entitled to judgment in its favor as a matter of law. Bayer believes that, without expert testimony, Plaintiffs cannot offer sufficient evidence to establish an essential element of their case – that a Mirena IUD is capable of spontaneous uterine perforation and migration – and Plaintiffs’ claims therefore fail as a matter of law. The PSC maintains that the case against Bayer is strong, even without expert testimony, and is working to prepare a response to Bayer’s motion. However, if Bayer’s motion is granted, the Court will dismiss all of the Mirena lawsuits currently pending in the MDL.

Although the future of the MDL is uncertain at this time, Mirena litigation continues in New Jersey state court, where more than 2,000 cases have been filed. We continue to investigate cases of spontaneous uterine perforation involving Mirena IUDs. If you have any questions about the Mirena litigation, contact Liz Eiland or Roger Smith, lawyers in our Mass Torts Section at 800-898-2034 or by email at Liz.Eiland@beaselyallen.com or Roger.Smith@beasleyallen.com.

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