Fraud, Warning Claims to Proceed in Mississippi Mirena Case; Design Defect Claims Dismissed

JACKSON, Miss. — A Mississippi federal judge has allowed a Mirena plaintiff to proceed with fraud and warning claims against Bayer Healthcare Pharmaceuticals Inc., ruling they are not time barred and are sufficiently pled under the Mississippi Products Liability Act.

However, in the Sept. 25 order, Judge Keith Starrett granted Bayer’s motion to dismiss plaintiff’s design and manufacturing defect claims, as well as her warranty claims, finding they do not fulfill MPLA pleading requirements.

Britney Austin began using Mirena in October 2009 and sought medical treatment for abdominal pain on March 7, 2009. Austin told the doctor that she had …