Bayer Cleared In Over 1,200 Suits Alleging Injury From Mirena®, MDL Ends

On July 28, 2016, U.S. District Court Judge Cathy Seibel issued an order granting summary judgment for Shook, Hardy & Bacon’s clients Bayer HealthCare Pharmaceuticals Inc., Bayer Pharma AG, and Bayer Oy. Judge Seibel dismissed all 1,225 cases in the federal multi-district litigation pending in the Southern District of New York. Judge Seibel’s order ends three years of litigation in which plaintiffs alleged injuries from their use of Bayer’s intrauterine contraceptive system, Mirena®.

Prior to obtaining the dismissals, Bayer had succeeded in excluding all of the plaintiffs' general and specific causation experts on Daubert grounds. Judge Seibel then noted that it was impossible for plaintiffs to prove that Mirena® caused their alleged injuries without qualified, reliable expert testimony.

Shook Partner James Shepherd led Shook’s efforts for Bayer.

A July 28 Law360 story covered the ruling in more detail, and an August 1 Law360 article addressed the lack of reliable expert testimony in the Mirena® litigation.