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Drug & Device News

By ljnstaff
December 01, 2017

New York Appeals Court Upholds Dismissal of Mirena MDL

The U.S. Court of Appeals for the Second Circuit has upheld the summary judgment dismissal of the multidistrict lawsuit (MDL) against the maker of the intrauterine birth control device Mirena after finding that none of the experts proffered by the nearly 1,300 plaintiffs were reliable. Mirena MDL v. Bayer Healthcare Pharmaceuticals Inc., 2017 U.S. App. LEXIS 20875 (2nd Cir. 10/24/17).

Plaintiffs all claimed they were injured by the implantable intrauterine birth control device marketed by Bayer under the name Mirena. All parties agreed that it was possible for a user's uterus to be injured during the insertion of the device, but the plaintiffs claimed that their injuries did not occur at insertion but later on, because the device migrated and perforated their uteri.

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