Ala. Federal Judge Allows Fraud, Design Defect Claims to Proceed Against Bayer in Mirena Case

BIRMINGHAM, Ala. — An Alabama federal judge has allowed the majority of claims in a Mirena birth control case to proceed against Bayer Healthcare Pharmaceuticals Inc., finding they meet state law pleading requirements.

On March 28, Judge William M. Acker Jr. of the U.S. District Court for the Northern District of Alabama dismissed the claim of breach of implied warranty, but found the plaintiff sufficiently alleged claims of negligent design, strict liability, breach of express warranty and fraud.

Shenika Houston claims she developed pseudotumor cerebri, also known as idiopathic intracranial hypertension (PTC/IIH), as a result of her use of Mirena. …