A woman and her husband have commenced a lawsuit against the pharmaceutical company, Bayer. The couple claims that an intrauterine device manufactured by the company was a defective product, which caused her physical injuries. The West Virginia lawsuit was filed on Dec. 6 in Wyoming County.
The plaintiffs in this case have cited various laws and violations in their complaint. Namely, their causes of action are defective design, defective manufacturing and negligence. Causes of action also include failure to warn, strict liability, breach of express warranty as well as misrepresentation and breach of an implied warranty.
According to the couple, the woman suffered serious injuries when the contraceptive device, known as Mirena IUS, moved from its original location in her uterus to her abdomen. Surgical removal of the device was required in order to correct the problem. Plaintiffs say that the device was defective, both in its manufacture and its design, and this was the direct and proximate cause of the woman’s injuries.
Medical device manufacturing companies are for-profit businesses, and many create various insertable medical products intended to serve healthcare purposes. Unfortunately, some of these companies cut corners and develop products that cause more harm than good. Indeed, some West Virginia residents are suffering from serious injuries that were inflicted by these kinds of defective products. Anyone who is injured by a defective product retains the right to seek financial compensation under the law. If such a claim is successfully navigated, compensation could include much-needed money to pay for medical treatment, compensation for pain and suffering and other forms of recovery recognized by our laws.
Source: wvrecord.com, Mirena lawsuit filed in Wyoming County, Whitney Brakken, Dec. 18, 2013