Product Liability Claims in Mirena Case Untimely Under Texas, Indiana Law, N.Y. Judge Rules

NEW YORK — Product liability claims asserted against Bayer in a Mirena case are time-barred under Texas and Indiana law because the plaintiff knew, or should have known, that the birth control device caused her injuries as early as July 8, 2011, and failed to file suit within two years of that date.

In the July 2 order, Judge Cathy Seibel of the U.S. District Court for the Southern District of New York denied Bayer summary judgment on the plaintiff’s fraud claim, however, ruling that it is timely under both states’ statutes of limitations.

Indiana resident Amanda Truitt was prescribed …