Defective medical devices pose incredible risks, because the possibility exists that they may harm hundreds or thousands of patients before being pulled from the market. Unlike individual cases of malpractice, when the products used by doctor (or consumers directly) are unsafe, the costs can be staggering. That is why there are clear standards that must be followed by all those who play a role in designing, manufacturing, and using medical products. Failure to act carefully may result in significant legal liability.
That seems to be the case with the inter-uterine device known as Mirena. Over two million women have had the device implanted. Multiple sources are reporting on the many women have come forward suggesting that they have suffered serious injury as a result of the device. Considering the significant number of women who use Mirena, tens of thousands may ultimately suffer serious injury as a result of these complications.
The product is a birth control tool that has grown in popularity growing in recent years. It is usually inserted during a doctor’s visit, and can last as long as five years. Mirena works by releasing a daily progestin levonorgestrel shot into the wall of the uterus. This thins the lining of the uterus for birth control purposes.
The product has been used since 2000, but in recent years a chorus of voices is growing claiming the product comes with significant risks of moving while inside the body. Some women have had the device become embedded in the uterus or even puncture organs. Sometimes risky surgery is required to remove the device, and complications, like infections, can result. Obviously, no patient should have to deal with these ramifications merely by a using a product intended to prevent unwanted pregnancies.
Those affected have reached out to attorneys, and well over one hundred cases have already been filed in various states across the country. In fact, a petition was recently filed at the federal level for multi-district litigation. This is a step taken to consolidate many cases for efficiency purposes. It is often uses in cases like this one, when many people are harmed in similar ways by a specific product.
The legal arguments made in these cases are varied. Most include claims of defective design as well as failure to properly warn of risks. A few claimants are even alleging fraud and seeking punitive damage awards from the company which created the product, Bayer.
IUD Injury Attorney
It will be interesting to see how these first cases play out, as it may have ramifications on this device and others like it. Recently, a product similar to this one–known as SKYLA–was approved by federal officials and hit the market earlier this year. Many women may begin using that device as well, and so it will be critical to ensure they do not suffer some of the same harms as is seen with Mirena.
In any event, if you or someone you know is ever harmed by any sort of IUD, consider contacting an attorney who works on these cases for guidance on your legal rights.
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