A woman who filed a lawsuit against Bayer Healthcare Pharmaceuticals Inc., alleging the company’s Mirena IUD (intrauterine device) caused her to go partially blind will move forward after a Kentucky federal judge kept alive two contested claims with strict liability and negligent misrepresentation. The judge did trim an implied warranty claim, supporting Bayer’s argument that the plaintiff did not buy the device directly from the company.
Kara Stanley’s lawsuit claims she had the Mirena IUD inserted by a doctor at a women’s health care facility in southern Indiana in May 2012. Seven months later, she began having severe headaches and vision problems in her left eye. She was diagnosed with bilateral optic nerve swelling caused by pseudotumor cerebri, a potentially permanent brain condition that occurs when an excess of cerebrospinal fluid causes pressure inside the skull and on the optic nerve.
Stanley had her Mirena IUD removed in March 2013, but was left was permanent damage to her optic nerve with just 60 percent vision left in her left eye.
Stanley filed her lawsuit in March, claiming negligence, design defect, failure to warn, strict liability, breach of implied warranty, breach of express warranty, negligent misrepresentation, fraudulent misrepresentation, and fraud by suppression and concealment.
In May, Bayer filed a motion to dismiss the claims for strict liability, breach of implied warranty, and negligent misrepresentation.
Bayer faces hundreds of lawsuits from women who claim they have been injured by the Mirena IUD. Those injuries include migration of the device from its intended position, organ and tissue damage, ectopic pregnancies, and the need for surgery to remove the device, sometimes resulting in hysterectomy.