Judge dismisses complaint from 1,300 women injured by Mirena IUD
WHITE PLAINS, N.Y., August 1, 2016 (LifeSiteNews) — A federal judge has thrown out complaints from 1,300 women injured by the Mirena intra-uterine contraceptive device (IUD).
U.S. District Judge Cathy Seibel first disallowed testimony that showed Bayer’s IUD perforates women's uteruses after it is surgically inserted before dismissing all 1,300 cases on Thursday, explaining that without expert testimony — which she had banned — there were no grounds for the joint lawsuit to go before a jury.
The women said in the complaint that they have been severely injured by Bayer AG's lucrative and popular Mirena IUD. Bayer does not dispute that its product injured the more than 1,300 women, but fought the suit based upon doubts about whether the injuries occurred at the time of insertion, or afterwards.
So many women brought complaints against the German pharmaceutical company over the internal injuries that the lawsuits were combined in 2013.
Bayer's corporate lawyers contended that the injuries happened during, as opposed to after, the surgical insertion of the Mirena IUD and defended the company by saying uterine perforation is a possible side effect listed on the product's label.
However, the 1,300 women argued that the Mirena IUD injured them internally after insertion, and that Bayer does not inform women of that possibility.
The women's case rested on key expert testimony showing how the Mirena IUD can cut into women's uteruses after the contraceptive device is inserted. But in March, Judge Seibel granted Bayer's motion banning such testimony, saying the experts' findings were not supported by scientific literature.
Bayer's legal team argued that a perforation during insertion might not be detected until later, so women getting the Mirena IUD implanted might think the surgery was successful but were in fact already injured. Bayer's position is that the 1,300 women injured by their product were legally warned and consequently the company is not liable.
Seibel, a 2008 nominee by President George W. Bush, ruled that judgment be entered in favor of Bayer in all the 1,300 cases.
Reuters reported that Bayer issued a press release praising the ruling, which they said "affirms that the Plaintiffs have failed to provide any admissible evidence of causation to prove their case."
Dr. Brian Clowes, director of research and education for Human Life International, contended that the case was rigged to fail by Seibel. “In March, Judge Seibel barred expert testimony showing that Mirena causes uterine perforations after insertion," Clowes told LifeSiteNews, "and then (the same judge) waits four months to throw out the lawsuits because a jury would have no basis to find in favor of the women who were injured by Mirena."
"To these wounded women, it makes little difference whether the IUD lacerated their wombs during insertion or after," he continued. "Once again, the culture of death causes more 'collateral damage' in its constant pursuit of more and more sexual 'freedom.'”
More than 10,000 women have joined Facebook groups such as "IUD Side Effects" and "Mirena IUD Support Group." Many post comments saying that their doctor wouldn't listen to their complaints, and some say their doctors even refused to remove their IUD.
The IUD is an abortifacient in that it works by preventing implantation of a conceived baby rather than merely stopping conception. Research has shown that teenage girls who use IUDs are less likely to also use condoms, and therefore are more at risk for STDs.
Public school district officials from Seattle to New York City are increasingly offering IUDs to female students. Thousands of IUDs have been implanted in New York's 40 public school clinics. Seattle middle school children as young as 12 may be given IUDs, without parental knowledge and paid for by tax dollars, even though doctors say IUDs should not be implanted in women under 25 who have never been pregnant because of serious health concerns about IUD expulsion and pelvic inflammatory disease.
According to the National Center for Health Statistics, the number of women who get IUDs and other contraceptive implants has doubled since 2010. IUDs are also promoted by government officials for female prisoners.