LOUISVILLE, Ky. — A federal judge in Kentucky is allowing for a Mirena IUD victim’s negligent misrepresentation claim to go forward in the case against manufacturer Bayer.
The judge ruled the victim can still move forward on misrepresentation claims with relation to the sale of a product even though she also had claims for negligence, defective product, failure to warn, and fraud. Negligent misrepresentation occurs when a business gives false information to others to guide the business transaction.
Bayer argued this did not include situations involving defective medical products and statements in their packaging/advertising as per the dictates of a well-referenced legal source.
The judge, however, disagreed. This distinction is important for future Mirena cases in the federal courts because it involves an analysis of a well-referenced legal treatise known as the Restatement (Third) of Torts.
By allowing for this claim to go through on behalf of the victim, the argument is there for similar cases in other federal courts that also use the Third Restatement.
The claim at hand here deals with the fact that Bayer lied in its packaging, materials, and advertisements for the Mirena IUD. Bayer has been accused by many women of intentionally selling a product they knew was dangerous and hiding knowledge of possible health complications.
The Mirena IUD is a small t-shaped plastic coil that is implanted into the uterus as a form of long-term contraception. It releases a birth control hormone and has been advertised as the go-to form of contraception for busy moms, teenagers, and low-income women. The number of women who use the Mirena IUD has skyrocketed in the past few years, but now, women are discovering the device comes with serious health risks.
Our Mirena IUD Lawyers Can Help
Our dangerous device attorneys can help if you or someone you care about was harmed by the Mirena IUD implant. Lawsuits have been filed against the device makers by both patients and their families seeking compensation for injuries caused by the dangerous device. You may be entitled to a settlement. We do not charge any legal fees unless you receive a settlement and we pay all of the case costs. If your claim is not successful for any reason, you do not owe us anything. We put it all in writing for you. Our lawyers will help you file your lawsuit.
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