Federal Mirena Lawsuits Consolidated into MDL

Jacky Gale | April 23rd, 2013

Mirena Lawsuit FundingIn an order handed down on April 8, 2013, the Judicial Panel on Multidistrict Litigation (JPML) moved to consolidate all lawsuits filed in federal court regarding the Mirena intrauterine device (IUD). These lawsuits are product liability complaints filed against Bayer Pharmaceuticals, the manufacturer of the Mirena IUD. Despite the formation of the multidistrict litigation (MDL) No. 2434, the lawsuits are expected to take months or years to resolve. In the meantime, some plaintiffs may choose to seek Mirena lawsuit funding.  Unlike regular loans from a bank, pre settlement loans are non-recourse, so the plaintiffs would only need to pay them back if damages are recovered.

MDL established to improve efficiency

The consolidation of lawsuits into MDL is a common occurrence for product liability cases. It allows the lawsuits to be handled by one judge in one district court, instead of potentially being scattered around the country. An MDL eliminates the possibility of duplicate discovery because the claimants share pre-trial proceedings, such as witness preparation and deposition. All plaintiffs retain their rights to individual trials. MDLs have a history of successfully reducing costs for all parties involved and making the process more efficient. However, due to the nature of complex legal proceedings, it can still take a long time for complaints to be resolved. This is why some plaintiffs may choose to seek Mirena lawsuit funding.

The plaintiffs who are now in the Mirena MDL had petitioned the JPML on January 16, 2013 to consolidate the complaints. The Northern District of Ohio had been proposed as a possible venue. However, the JPML ruled that the cases will proceed in the Southern District of New York under Judge Cathy Seibel because the area is home to Bayer’s headquarters. Bayer had argued against the consolidation, citing factual differences and variations in causation of the alleged injuries. Bayer had also opposed the move because two of the complaints are already in advanced stages of discovery.

As of the time of the ruling, at least seven complaints have been centralized in MDL 2434. The MDL is expected to grow considerably. In the meantime, some women may take advantage of legal funding for plaintiffs,  a risk-free pre settlement cash advance based on the potential outcome of their pending case.

Common allegations cited in MDL lawsuits

One key factor in the formation of any MDL is that the complaints must share commonalities. Plaintiffs in the Mirena MDL allege that the IUD has a defective design that may result in the migration of the device once it is inserted in patients. As an alleged result of the migration, plaintiffs have suffered from uterine perforation and other serious complications. Some of the plaintiffs have undergone a hysterectomy. All of these women allege that the defendants failed to adequately warn patients and doctors about the potential for these serious Mirena side effects. While MDL plaintiffs await their jury award or settlement, some of them may choose to seek Mirena lawsuit funding to help them pay medical bills associated with their IUD injuries.

One of the plaintiffs who had petitioned to join the MDL was declined by the JPML. Gonzalez v. Bayer Healthcare Pharmaceuticals Inc., et al. will proceed in another court because it does not list the same allegations as the other plaintiffs, such as device migration and uterine perforation. Instead, the Gonzalez complaint alleged that the Mirena IUD caused autoimmune disorders.

Apply now for pre settlement loans

Plaintiffs involved in the MDL who opt for Mirena lawsuit funding will be able to cover their medical bills and daily expenses while awaiting resolution of their claims. If you’re anticipating a jury award or settlement for any type of lawsuit, legal loans from LawStreet Capital can help you stay on your feet while your case finalizes in court. Unlike a loan from a bank, there is never any risk to you because the cash advance is only repaid if you recover compensation in your claim. Call LawStreet Capital today for 24-hour approval. The application is free and there is never any obligation. 800-345-8500.