A New York federal judge refused to dismiss a woman’s lawsuit alleging injuries caused by Bayer Healthcare Pharmaceuticals Inc.’s contraceptive, the Mirena IUD, based on the grounds that a second and similar lawsuit filed by the woman in a different state had already been dismissed.
U.S. District Judge Cathy Seibel, who is overseeing a multidistrict litigation, found that while plaintiff Ashley Brown’s claims in a California lawsuit had been time-barred and dismissed, a similar lawsuit that she filed in Missouri could not be thrown out based on the same grounds.
Brown’s lawsuits claim she had been implanted with the Mirena IUD in October 2010. In February 2012, the device was found to have migrated from its intended position in her cervix and floating in her pelvis. It had to be medically removed.
Brown hired two law firms to file lawsuits on her behalf. One firm filed in California and the other in Missouri. Both lawsuits joined other claims pending in those states. In October, Bayer moved to have Brown’s California lawsuit dismissed saying it fell under another lawsuit’s decision that the claims were time-barred. Brown’s attorneys fought the dismissal and in February, Judge Seibel threw out the lawsuit. The lawsuit that led to the dismissal of Brown’s California lawsuit set a definitive line for statue of limitations for plaintiffs in the multidistrict litigation, and resulted in the dismissal of an additional 16 cases.
Bayer then sought to have Brown’s Missouri case thrown out under the same grounds, but Judge Seibel rejected that request.