Mirena IUD Laws
Mirena IUD became a serious problem among women who used it as a form of contraception when complications from the product caused pain and suffering. There were reported side effects such as headaches, acne, breast tenderness, breakthrough bleeding, and absence of periods (amenorrhea). After one year of using Mirena IUD mood changes, weight gain, ovarian cysts, abdominal, or pelvic pain and injuries associated with these categories occurred. Additionally, injuries such as ectopic pregnancy, pelvic inflammatory disease, and perforation of the uterine wall or cervix resulted in the use of the contraceptive. Complaints against its manufacturer began to pile up for the following reasons:
- Bayer misrepresented the benefits of Mirena.
- The manufacturer concealed the harmful side effects of Mirena.
- Bayer failed to provide adequate warnings and instructions.
- Bayer allegedly designed a defective product.
- Bayer failed to warn about dangerous side effects, including spontaneous migration of the device.
- The manufacturer understated the product’s complications as “uncommon.”
- Bayer engaged in deceptive marketing.
- Bayer breached implied and express warranty.
- The manufacturer produced and knowingly sold and distributed a defective product.
The women that have suffered an injury or unnecessary pain from using the product can pursue a lawsuit against the manufacturer. This is covered in Tort Law. Tort is defined by Cornell Law as “civil wrongs recognized by law.” These wrongs have an ending result in injury or harm and constitute the basis for a claim by the injured party. While some torts are punishable crimes such as imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. In layman terms, Tort Law is defined as a body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. There are four categories of torts: intentional torts, negligent torts, strict liability, and product liability torts. Mirena IUD falls under product liability torts. Three elements must be established in every tort action. These are:
- The plaintiff must establish that the defendant was under a legal duty to act in a particular fashion.
- The plaintiff must demonstrate that the defendant breached this duty by failing to conform his or her behavior accordingly.
- The plaintiff must prove that he suffered injury or loss as a direct result of the defendant’s breach.
Another law that can be associated with Mirena IUD is the Affordable Care Act. According to a Mirena website, that through the Affordable Care Act, patients’ insurance plans may now cover the cost of Mirena, including product cost as well as insertion and removal appointments, without co-pays, deductibles, or out-of-pocket expenses. They added that the details of insurance plans vary, and some plans may have limitations or may be exempt. If you have additional questions on Mirena IUD’s you may also contact Christensen & Hymas at (801)-506-0800 for a free initial consultation. If you are a Mirena user who has experienced similar health problems because of product use take advantage of the free experienced personal injury lawyers at Christensen & Hymas and get the professional and committed services this law firm provides.
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