Court Says Mirena Complaint Inadequately Pled, But Allows Ky. Plaintiff Leave to Amend

PADUCAH, Ky. — The plaintiff in a Mirena intrauterine case has failed to adequately plead that Bayer Healthcare Pharmaceuticals Inc. didn’t adequately test the birth control device or sufficiently warn patients and doctors of the risks, a Kentucky federal judge has ruled.

However, in the Feb. 13 order, Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky granted the plaintiff leave to amend her complaint to plead her claims with the requisite particularity.

Kentucky resident Ashley Babich-Zacharias alleges that after her Mirena IUD was inserted, she developed severe headaches and vision problems that caused …