A federal judge in Louisiana refused to dismiss a lawsuit against the manufacturers of the Mirena IUD device, who claimed that the lawsuit was not filed in a timely manner.
According to reports, Bayer Healthcare Pharmaceuticals sought dismissal of the lawsuit under Louisiana’s Products Liability Act, which sets forth a prescriptive period of one year for product liability claims. The lawsuit, which was filed in May 2013, alleges that the plaintiff began suffering complications due to a Mirena implant in 2011.
U.S. District Judge Jay C. Zainey refused to dismiss the lawsuit because the plaintiff stated she was not aware the IUD device could have caused complications at the time she began allegedly experiencing symptoms. According to the Digital Journal, Judge Zainey stated, “prescription commences when a plaintiff obtains actual or constructive knowledge of facts indicating to a reasonable person that he or she is the victim of a tort.”
In court documents, the plaintiff stated that in May 2013, she viewed a televised advertisement that linked Mirena to the symptoms she was experiencing. It was then that she decided to pursue a lawsuit against Bayer.
According to court records, more than 2,000 lawsuits have been filed in the United States alleging serious complications from the Mirena IUD. The complaints involve similar allegations that after the device has been correctly inserted, there is a risk of spontaneous IUD migration that can cause a number of painful complications, including infection, scarring, adhesions, organ damage and uterine perforation.
Further, the lawsuits allege that Bayer Healthcare Pharmaceuticals failed to warn patients and physicians about the risks associated with using the intrauterine device.
If you or someone you love is suffering from pain and other symptoms that you believe are caused by a medical device such as an IUD, you may be eligible to pursue compensation. To learn more about your rights, contact the experienced Louisiana personal injury lawyers of Bohrer Brady LLC for a free consultation.
