How to File a Claim for Mirena IUD Injuries and Legal Compensation
The Mirena intrauterine device (IUD) manufactured by the pharmaceutical giant Bayer has had its ups and downs over the course of its lifetime on the market. The IUD is used as an effective form of birth control, and the Mirena has also been used to treat severe menstrual pain, anemia, and endometriosis.
Unfortunately, while Mirena can be effective the medication also comes with a risk of users developing complications. If you’re familiar with the common Mirena crash symptoms, you know some of the complications can be severe. If you’ve been injured by the Mirena IUD, you may be eligible to recover compensation for your damages.
Some lawsuits against Mirena have been settled but this doesn’t mean you can’t still file a claim. Here’s what you should know about the potential complications, and if you qualify to receive financial compensation.
Common Injuries and Complications From Mirena Intrauterine Devices
The list of potential injuries and health complications from Mirena IUDs is extensive. We’re sticking with the common complaints so don’t worry if you’re not identifying with anything on the list.
You may still be eligible to file a claim or potentially join an existing lawsuit. You can check with your healthcare provider for a complete list. A thorough medical checkout can also help identify if you’ve been injured by the IUD.
Perforation
Using Mirena IUDs can result in uterine perforation. This occurs when the IUD punctures the uterine wall during insertion or later. When this happens, it can lead to severe complications like infection, scarring, and the need for surgical removal of the device.
Embedment
Embedment occurs when the IUD becomes deeply lodged in the uterine wall. This makes removal more challenging and potentially causes pain and discomfort.
Increased risk of cancers
Some lawsuits allege that Bayer knew of the increased risk Mirena IUD users have of developing certain cancers. Yet, they failed to adequately warn users of the potential risks.
Mirena Intrauterine Device can sometimes move from their intended position within the uterus. This may result in pain, discomfort, and the potential for the device to become lodged in other parts of the reproductive system.
Organ damage
Some lawsuits focus on medical cases where Mirena has caused damage to other organs in the body. The device may migrate from its original position and cut through surrounding organs. This leads to significant health complications.
Remember, the basis of several lawsuits against Bayer states that the manufacturer didn’t properly warn consumers about the potential risks. Whether or not the lack of adequate public warning applies depends on the damages you’re listing in your claim.
For example, you probably can’t reference a lawsuit focusing on organ damage if your injuries are limited to embedment or perforation.
Do Your Injuries Qualify for a Mirena Claim?
Even if you experience health complications and are or were using a Mirena IUD, it doesn’t necessarily mean you’re eligible to receive financial compensation. Your injuries and any other damages must be directly caused by the IUD’s use.
So, if you develop lung cancer while using Mirena but are also a heavy, lifetime smoker, there’s a good chance you’re not eligible for filing a claim. You must definitely show your lung cancer is directly caused by the IUD and not your smoking habit.
State laws can also impact your ability to file a compensation claim. Before you start panicking, state law rarely interferes in these types of personal injury claims. You’ll probably need to pay attention to the statute of limitations. This is the time you have to file a claim.
The statute of limitations usually varies depending on the state. You may also run into caps on compensation amounts. Some states capped damage amounts awarded in medical malpractice and product liability claims.
Your claim against Mirena may fall into either category, so it’s usually best to have your claim reviewed by an experienced injury attorney.
Generally, as long as you haven’t missed the statute of limitations you can file a claim against Mirena (Bayer) if you suffered injuries while using the IUD and can provide proof of your damages. The type of evidence you need to provide varies, depending on the reason for your claim.
However, typically you need to provide medical records highlighting the injury’s diagnosis and your prescribed treatment. Your personal injury attorney can help you gather any other necessary evidence.
Who’s Liable for Your Mirena IUD Injuries and Complications
Before you can move forward with an injury claim you need to determine liability. Your claim must name a defendant. Leaving the defendant’s name off means your claim isn’t going anywhere.
The defendant is the individual or entity responsible for causing your damages. They’re also responsible for paying your claim. Without a name, you can’t expect to receive compensation.
Who you name in your claim depends on your unique situation. The manufacturer, in this instance Bayer, is often named as the liable party. As the manufacturer and supplier, Bayer has a responsibility to warn consumers of any potential risks or side effects.
Failing to inform the public opens the pharmaceutical company up to the possibility of being named as a defendant in a lawsuit.
Your lawsuit may name your healthcare provider as the liable party. Healthcare providers have an obligation to their patients.
If medical professionals are aware of any product risks but still insert the IUD without warning patients, they may be the liable party.
Your Mirena lawsuit can even name multiple liable parties. As we mentioned earlier, every claim is unique.
Recovering Compensation for Mirena IUD Injuries and Complications
Whether you’re filing a product liability or medical malpractice claim, the legal process can be daunting to try to go through—especially on your own.
Not only do you need to figure out which type of claim applies to your situation but you also need to name a defendant—and don’t forget about gathering evidence and going through the complete legal process.
Partnering with a personal injury attorney can help simplify the process and get you the compensation that you deserve. Your attorney can also work to help ensure you receive fair compensation for any injuries and other complications caused by a Mirena IUD.