By Matthew A. Dolman – Florida Personal Injury Attorney
A lawsuit, filed March 11, 2016 by a Maryland woman, brings forth allegations that the Mirena Intrauterine Device (IUD) caused her to develop idiopathic intracranial hypertension (IIH), which causes a dangerous buildup of fluid around the brain resulting in severe headaches and vision problems.
The complaint was filed in the U.S. District Court for the District of New Jersey in Newark against Bayer Pharmaceuticals by Daphne Houck.
Houck alleges that she began to experience pressure headaches which were accompanied by loss of vision, blurred vision and photophobia, intolerance to light, soon after the implantation of the device, intended for long term contraception. Houck was subsequently diagnosed with papillary edema which includes a swelling of the optic nerves.
Doctors followed up the diagnosis with an MRI and CT scan to eliminate any possibility of intercranial abnormalities. She was diagnosed with idiopathic intracranial hypertension, known also as pseudotumor cerebri, after undergoing a diagnostic lumbar puncture.
In the lawsuit, Houck claims that the Mirena IUD caused the IIH and that Bayer failed to provide warnings to potential users, and the medical community, regarding the potential risk. She alleges that the pharmaceutical company was aware, or should have been aware, of the risk from the release of the synthetic hormone levongestral, which causes, or contributes to, the development of IIH, a severe brain condition which can lead to permanent blindness.
Intracranial hypertension, or pseudotumor cerebri, develops when the level of cerebrospinal fluid increases. The pressure in the skull is raised, mimicking the presence of a tumor. Severe migraines, double vision, temporary loss of vision, blurred vision and light sensitivity are all possible symptoms. Swelling of the optic disc or ringing in the ears known as tinnitus may also occur.
Houck’s lawsuit presents claims for negligence, defective design, failure to warn, strict liability, breach of warranty, negligent and fraudulent misrepresentation as well as fraud by suppression and concealment. She is seeking punitive damages to punish Bayer for intentionally withholding important safety information in addition to compensatory damages.
Mirena has been a popular form of birth control among women for years. It is designed to be used by women who have previously given birth and has a lifespan of five years. The “use it and forget it” marketing made it a favorite form of contraception employed by millions of women.
In addition to the lawsuit filed by Daphne Houck, there have been many others in recent years alleging that the Mirena IUD usage resulted in intercranial hypertension/pseudotumor cerebri. There have also been thousands of lawsuits filed for other complications, with migration of the device outside the uterus being the most prevalent, along with ectopic pregnancy, abnormal bleeding and pelvic inflammatory disease. These suits all allege that warnings were missing or inadequate despite Bayer being aware of the risks.
Any woman who believes she suffered from complications associated with the Mirena IUD should seek immediate medical attention if she has not done so. She should then contact a law firm that specializes in defective medical device litigation. It is imperative that no time be wasted to contact a Mirena attorney as statutes of limitation apply and they vary from state to state. Even though a case is filed in a district court in one state, the statute from the state where the plaintiff lived at the time of complications being discovered is, at this time, the statute that is being applied.
Leave a Reply