Negligence, Failure-To-Warn Claims Survive Dismissal in Calif. Mirena Injury Case

SAN FRANCISCO — A California federal judge has allowed claims of negligence, failure to warn and breach of warranty to proceed in a Mirena action, finding the plaintiff sufficiently pled that Bayer Healthcare Pharmaceuticals Inc. failed to exercise reasonable care in designing the device and hid its risks.

In the Dec. 19 order, Judge Thelton E. Henderson of the U.S. District Court for the Northern District of California dismissed the claims of manufacturing and design defect claims, finding they were insufficiently pled and barred under California law.

In January 2010, Nicole Baker had a Mirena intrauterine device inserted by her …