2nd Circ. Won't Revive Mirena Injury MDL Against Bayer

By Rachel Graf (October 24, 2017, 3:47 PM EDT) -- The Second Circuit on Tuesday affirmed the dismissal of multidistrict litigation over alleged injuries from Bayer Pharmaceuticals Inc.'s intrauterine device Mirena, saying the lower court properly excluded problematic testimony by the plaintiffs' experts.

The three-judge panel said the witnesses supplied by the women allegedly injured by Mirena offered unaccepted and unsupported theories about "secondary perforation," in which the women were supposedly injured after the device was inserted into the uterus. The lower court correctly determined that witness testimony would be needed to prove causation, and granted summary judgment in Bayer's favor, the panel said.

"In its careful and well-reasoned opinion and...

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