Mirena is a hormonal intrauterine device (“IUD”) that provides long-term birth control. Birth control is a broad term that refers to any device, product, or substance that is utilized in preventing conception and/or pregnancy. In most cases, the term birth control typically refers to medical pills or similar oral contraceptive products that are ingested by a female partner in order to regulate hormones related to reproduction.
However, the term birth control is very broad and can include other methods or medical devices for preventing unwanted pregnancies, such as:
- Implants and other medical devices that are used to regulate hormones;
- Medical birth control injections such as Depo-Provera;
- Medical devices that create physical barriers to conception, including Mirena IUD or other similar IUD devices;
- Medical surgeries that alter the body’s reproductive ability, including the male vasectomy; and/or
- Any other drugs or devices intended to change the body’s chemistry and prevent unwanted pregnancies.
As can be seen, Mirena is just one form of birth control. Specifically, Mirena is a non-hormonal birth control device. A non-hormonal birth control is any type of contraceptive product or device that does not alter hormone levels like a birth control pill does. This method of birth control generally involves a medical device that serves as a physical barrier to prevent conception from occurring.
An intrauterine device, or IUD, is the most common form of non-hormonal birth control. As mentioned above, Mirena is one IUD that is offered to the general public. However, Mirena has been the subject of several lawsuits. Mirena is unique from other IUDs in that it is both an IUD but also a hormonal birth control device.
Specifically, the Mirena IUD is a long-acting but reversible birth control that is manufactured by Bayer Pharmaceuticals, which also manufactures other forms of birth control, such as the Essure device. The device was approved for use in the general public by the Food and Drug Administration (“FDA”) in 2000.
The Mirena device is a small and flexible T-shaped device that is implanted into the uterus and slowly releases tiny amounts of the birth control hormone progestin. This device and release of hormones prevent pregnancy from occurring.
Do Women Using the Mirena IUD Suffer From Complications?
Although birth control methods and devices, such as Mirena IUD, are intended to be safe and effective in preventing unwanted pregnancies, birth control injuries often occur. Many birth control drugs and devices have been shown to increase the user’s likelihood of blood clots, cancer, heart conditions, or other physical injuries. Birth control injuries will vary and often depend on the type of birth control treatment or contraceptives involved.
For Mirena IUD, the medical device may result in the following complications occurring:
- The IUD moving from the uterus into other areas of the body, like the abdomen, resulting in injuries;
- Side effects related to the changes in hormones;
- Temporary or permanent infertility;
- Overstimulation of the user’s ovaries and other glands related to the reproductive system;
- Physical injuries resulting from surgical errors or as a result of medical malpractice related to the requirement of surgeries to locate and find the migrated IUD;
- Birth defects in children born while on the birth control;
- Uterus perforation;
- Abscesses in internal organs;
- Life-threatening ectopic pregnancy; and/or
- Pelvic inflammatory disease (“PID”).
Can Mirena Be Considered a Defective Product?
As mentioned above, there are numerous lawsuits that have arisen from consumer use of the Mirena IUD. In general, legal action that has been taken in regard to the Mirena IUD has been personal injury lawsuits filed by harmed consumers based on defective product laws.
More specifically, the harmed consumers typically allege one of the following claims:
- They were harmed as a result of a defective design in regard to the Mirena IUD;
- They were harmed as a result of a defect in the way the product was manufactured;
- They were harmed as a result of defects associated with warning labels that were attached or lacking in regard to the device.
For Mirena IUD lawsuits, many plaintiffs (i.e., consumers of the product that were allegedly harmed) claim that Mirena has a defective design because it can travel to other parts of the body, resulting in internal damages. A properly designed IUD product might involve extra safety measures to prevent the migration of the birth control device to other areas of the body.
What Type of Proof Is Needed in a Defective Product Case?
Although the exact legal elements for a defective product lawsuit differ by state, in order for a consumer that was harmed by a defective IUD product to be successful in their civil lawsuit against the party that harmed them, they must typically prove the following:
- That the product sold to them was in the stream of commerce;
- That the seller or manufacturer was under an obligation to sell or manufacture the food product in such a way as to meet the ordinary expectation of average consumers;
- That at the time of the consumption of the product, it was defective;
- That the defect in the product is what caused the product to be unreasonably dangerous to the consumer;
- That the defect was foreseeable (i.e., predictable) by the seller, that an average consumer could have been injured by the defect; and
- That injury caused an average consumer to sustain quantifiable damages.
It is important to note that if a person alters or changes an IUD product in a significant way after it was sold to them, then it will likely reduce their chances of success in the lawsuit. This includes the physician who inserted the IUD.
If the physician inserted the device incorrectly or damaged the product, then it is more likely that the physician will be held liable for the injury rather than the manufacturer of the product. However, if the product remained unchanged from the time it was sold, then the plaintiff may have a better chance of recovering damages for their injuries from the manufacturer of the Mirena.
How Do I File a Mirena IUD Compensation Claim?
Once again, legal claims involving birth control methods or devices often require a civil lawsuit to be initiated by the consumer that was injured by the product or method. Due to the device being medical in nature, oftentimes, it is required that a medical expert provide testimony in the lawsuit regarding the product’s defective design.
As such, a birth control lawyer is often utilized by the injured plaintiff as means of recovering damages for the injuries they suffered as a result of using an IUD.
A birth control lawyer is a lawyer that handles cases involving birth control methods and devices and represents individuals who are either denied rightful birth control methods or devices, or who have been harmed as a result of utilizing birth control. After the attorney has initiated the case and provided the evidence necessary to prove the plaintiff’s civil claim, then the plaintiff may then recover for damages.
Legal remedies for birth control injuries may include a monetary damages award for the injured party, such as hospital expenses and loss of wages. In rare cases, wrongful death claims have also been associated with birth control injuries.
Should I Seek Help With My Mirena Lawsuit?
As can be seen, there are numerous different injuries that may be associated with the use of Mirena IUD. As such, if you have suffered an injury as the result of using Mirena IUD and wish to initiate or join Mirena birth control lawsuits, it is in your best interests to immediately consult with an experienced defective products lawyer.
An experienced attorney will be aware of any class action lawsuits that you may be able to participate in regarding Mirena IUD. Additionally, an attorney can also initiate a private civil lawsuit on your behalf if there are no available class action suits. Finally, an attorney will also be able to represent your interests in court, as necessary.
