Bayer Healthcare is urging a New York federal judge to toss a Georgia woman’s lawsuit from a multidistrict litigation (MDL) against the company alleging injuries from Bayer’s Mirena IUD. The drug company claims the woman waited too long to file her case for it to be included in the consolidated group of lawsuits against the company.
Shelby Comtois filed a lawsuit against Bayer four years after the device was surgically removed from her abdomen, in November 2009. Bayer argued that under Georgia statue of limitations laws, Comtois had two years to file the lawsuit once learning that device caused her injuries.
The company argued that the woman discovered she was injured when she had her device removed, and that she learned the injury might have been caused by Bayer at that same time. Thus, the company said, the statute of limitations clock would have run out two years before her lawsuit was filed.
The Mirena IUD is a contraceptive device that is inserted into the cervix to prevent pregnancy. Bayer is facing hundreds of lawsuits from women who allege they have been injured by the device. The lawsuits claim the device can migrate from its intended position in the cervix to other parts of the abdomen, causing tissue and organ damage, pain, and bleeding. Often surgeries are required to retrieve these runaway devices, which in some cases have involved hysterectomies.
Comtois and her husband filed the lawsuit in Missouri state court in August 2013. A month later, the suit was removed to the federal court where it was later transferred to the multidistrict litigation.