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Young Woman Sues Bayer Over Mirena IUD Problems
By Jessica Tyner
When Tiffany Abernathy was in her early 20s, she opted for the Mirena IUD as her form of birth control. It seemed easy; she didn’t have to remember to take a pill, and Mirena often has the fantastic side effect of stopping menstrual cycles all together. Unfortunately for Abernathy, Mirena side effects can also include dangerous and permanent damages when the IUD migrates or perforates nearby tissues and organs.
Abernathy filed a Mirena injury lawsuit against Bayer on June 5, 2013. She is seeking damages for past and future medical expenses, pain and suffering, and more.
Near Christmas in 2011, Abernathy underwent a laparoscopy to remove her Mirena IUD, which had migrated over the years. According to Abernathy’s lawsuit, “after implant of the Mirena, (she) suffered serious and life-threatening side effects and injuries, including but not limited to abdominal pain, surgical removal of her Mirena and related sequelae requiring hospitalization, medical therapy, continuing treatment and medical monitoring.” Pain and suffering, permanent bodily impairment, mental anguish and diminished enjoyment of life are also part of this Mirena lawsuit.
At first, Abernathy didn’t suspect that her abdominal pain was caused by Mirena. After all, she’d had the device for a few years. She had “no knowledge of the defects of Mirena and the wrongful conduct” of Bayer, according to the Mirena lawsuit, and she also claims she didn’t have access to information that would have allowed her to make a more informed decision.
Abernathy says Bayer “misrepresented and continues to misrepresent to the public” and to the medical profession the true risks of Mirena. She says Bayer touts Mirena as safe and free from serious defects, and that facts have been concealed which could have prevented her Mirena nightmare.
There are over two million women in the U.S. alone who have the Mirena IUD. However, Mirena labeling “does not warn about spontaneous migration of the IUD, but only states that migration may occur if the uterus is perforated during insertion,” the Mirena lawsuit states.
The reality is that the IUD may migrate at any time, and not necessarily following uterine perforation during insertion. The labeling also describes migration as “uncommon,” yet Mirena injury lawsuits demonstrate that migration is a little more common than labeling may suggest.
The Mirena Lawsuit Allegations
In addition to the dangerous migration of Mirena, Bayer is also facing claims of false advertising because of its “Mirena Simply Styles Statement Program,” which was approved in 2009. The marketing platform targeted towards busy moms, and promised more intimacy in the bedroom. There’s an official Mirena script that includes the promise that woman will “look and feel great,” even though weight gain, acne and breast pain are side effects of the Mirena, too.
Abernathy says the script leaves out information about Mirena complications, including the higher risk of a miscarriage and infections. She’s suing Bayer for defective manufacturing, design defect, negligence, failure to warn, strict liability, breach of warranty, negligent and fraudulent misrepresentation, and fraud by concealment.
Did You Suffer from Mirena IUD Problems?
Did you suffer painful, expensive or even permanent damages from Mirena? If this happened to you, you may qualify for a Mirena legal claim. Read more by visiting the Mirena IUD Injury Class Action Lawsuit Settlement Investigation. Mirena victims can submit their information, and a lawyer will be in touch if you qualify for a free Mirena claim review.
Updated August 6th, 2013
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