If you were harmed by the Mirena IUD, you may be wondering if it would be in your best interest to join a Mirena class action lawsuit or file an individual complaint. At Bernstein Liebhard LLP, our attorneys are already representing numerous women in individual Mirena lawsuits, as they believe this is the best course of action for most plaintiffs. If you’re confused about your legal options, or have questions about filing a Mirena lawsuit, please don’t hesitate to call our firm to discuss your concerns with our legal staff. They will take the time to help you understand the legal avenues available to victims of Mirena injuries, including the advantages and disadvantages of filing your own individual claim versus joining a Mirena class action.
A class action lawsuit is filed when a large number of plaintiffs have suffered very similar damages. In such a case, a single individual is tapped to act as the “class representative.” This individual is the only member of the class who can make any decisions in the litigation, including choice of attorney and when to settle. If a plaintiff joins a Mirena class action that is ultimately unsuccessful, it is likely that they will be barred from filing their own lawsuit. If plaintiffs do prevail in the Mirena class action, every member of the class is likely to receive the same amount of compensation, regardless of their actual physical and financial losses.
Plaintiffs in Mirena lawsuits have suffered a wide range of injuries and complications. The compensation each plaintiff might be entitled to will vary as well, depending on the extent of their damages. Compensation obtained via a Mirena IUD lawsuit could include payment for:
To put it simply, the types of injuries suffered by victims of the Mirena IUD simply do not allow for the “one size fits all” resolution offered by a Mirena class action lawsuit. Plaintiffs who have sustained these types of physical and financial losses deserve to have their claims evaluated on their individual merits. Filing an individual Mirena lawsuit will also allow you to make all of the important decisions in your case, including whether or not to go to trial or settle out of court.
It does appear that most Mirena plaintiffs are choosing to file their own individual lawsuit, and potentially thousands of filings are expected. In anticipation of a large number of claims, two consolidated litigations have been established for Mirena lawsuits, including a multicounty litigation that is now underway in New Jersey’s Bergen County. A second proceeding, known as a multidistrict litigation, has also been established in U.S. District Court, Southern District of New York for all federally-filed Mirena IUD lawsuits.
Both a multicounty and multidistrict litigation allow claims involving similar allegations to be consolidated before one judge for pretrial proceedings, including discovery. However, these types of litigations differ significantly from a Mirena class action. Most importantly, every lawsuit filed in a consolidated proceeding maintains its own individuality and is judged on its own merits. These types of proceedings are only established to allow a large number of similar lawsuits to proceed more efficiently through the court system, and to avoid duplicative discovery and inconsistent ruling in those cases. Any lawsuit not resolved through the coordinated litigation will be sent back to its original court of filing for trial.
If you have more questions about the pros and cons of filing an individual Mirena lawsuit versus a Mirena class action, Bernstein Liebhard LLP’s attorneys would be happy to discuss your legal options with you further. Just call our office directly at to be put in touch with a Mirena lawyer today.