A New England woman has filed a Mirena liability claim against the pharmaceutical giant Bayer Healthcare. She is claiming that she sustained personal injuries because her intrauterine device was defective.
Jessica Dinicola says in her suit that the birth control system, which was implanted by a doctor in 2009 and migrated in by 2011. The device migrated, as the lawsuit claims, because it was negligently and defectively designed.
Like many other Mirena products liability claims filed against Bayer, this lawsuit maintains that the manufacturer knew or should have known that the risks of spontaneous migration and perforation is increased, but the defendant (Bayer) inadequately warned consumers.
The complaint contains counts of strict products liability, breach of express and implied warranties, negligence, fraud and misrepresentation, consumer fraud, negligent misrepresentation, fraudulent misrepresentation, negligent infliction of emotional distress, and unjust enrichment.
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