Product News and Recalls

What is the Statute of Limitations for Mirena Cases?

If you have suffered serious complications from Mirena, you have a limited amount of time in which to file a legal claim against manufacturer Bayer Pharmaceuticals. Because you do not want to risk losing your chance to recover, you should always consult with an experienced Mirena attorney as soon as possible regarding a possible case.

What is Mirena? What is it Used For?

Mirena is an intrauterine device (IUD), which is widely recognized as one of the most reliable forms of birth control. Unfortunately, Mirena also has several potential complications that may cause serious injuries to a user. Some of the complications include the following:

  • Migration of the device from its proper spot, sometimes out into the pelvis, which requires surgical removal;
  • Perforation of the uterus if the device migrates;
  • Ectopic pregnancy, which is a dangerous type of pregnancy outside of the uterus; and
  • Pelvic inflammatory disease, a type of infection that can cause blockage of the fallopian tubes, ectopic pregnancy, infertility, or long-lasting pelvic pain if not treated promptly and properly.

Additionally, if a user does become pregnant while using Mirena, she may experience sepsis, septic abortion, miscarriage, or premature delivery of the child. In fact, doctors generally recommend that a zygote be surgically removed if a Mirena user becomes pregnant.

Mirena Lawsuits

Many women have filed Mirena lawsuits against Bayer, claiming the company did not properly warn doctors or patients of the substantial risk that migration of the device and/or uterine perforation would occur, resulting in necessary surgery. If you had to have surgery to remove Mirena or to repair damage to your uterus caused by Mirena, you may be entitled to significant compensation.

Statute of Limitations

You do not have an unlimited time in which to file a legal claim against Bayer, however. Every state sets out a particular time limit for product liability lawsuits, which is called a statute of limitations. The statute of limitations that would apply to your case depends on factors such as where you live, where your injury occured and/or where you file your lawsuit. For example, California law allows you to file a lawsuit within two years of the date of injury, or if you do not discover your injury right away, one year from the date of discovery. Pennsylvania law specifies that an injured plaintiff has two years from the date of injury or from the date the victim should have reasonably discovered the injury. However, a number of factors go into determining which state’s law applies. An attorney can help to inform you of the statute of limitations applicable to your Mirena lawsuit, and discuss whether any of a number of potential exceptions could apply.

Because of these strict statutes of limitations, you should not delay in contacting the Mirena attorneys at Lopez McHugh, LLP for assistance if you were told that the device migrated into your abdomen, and surgery was required to remove it.