First Mirena IUD trials may be delayed over expert witness controversy

mirena IUD 435x290 First Mirena IUD trials may be delayed over expert witness controversyThe two first cases among 1,200 consolidated lawsuits in a multidistrict litigation (MDL) alleging Bayer Healthcare’s Mirena IUD caused serious injuries were slated to go to trial next month, but a federal judge’s ruling over expert testimony may delay things.

U.S. District Judge Cathy Seibel barred four plaintiffs experts from testifying, finding that they were either not qualified, their opinions weren’t reliable, or both. Two plaintiffs experts and two Bayer experts were allowed to testify, but only on specific areas. Plaintiffs’ attempts to exclude Bayer’s seven experts were denied.

On the request of plaintiffs’ attorneys, Judge Siebel agreed to place a hold on the April 25 trial date. She offered for both sides to send letters by March 22 to explain how they believe the ruling affects the trial.

The first two lawsuits were filed by Christie L. Hayes and Jennifer Danley, both of whom say that Bayer failed to warn that its intrauterine device could migrate from its intended position and puncture the uterine wall even if the device was inserted into the cervix correctly. Bayer claims the women haven’t shown that they actually suffered injury from the IUD.

The Mirena IUD is a flexible T-shaped device that is inserted into the cervix where it releases a small amount of hormone. It is used to prevent pregnancy for up to five years. The 1,200 lawsuits in the multidistrict litigation involves Mirena IUD side effects claims that range from chronic pain, infections, and vaginal bleeding, to device migration and organ perforation.

Source: Law360