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

BENTON, Ill. — An Illinois federal judge has allowed negligence and failure-to-warn claims asserted against Bayer Pharmaceuticals Inc. in a Mirena injury case to proceed, finding the plaintiff has adequately alleged that the company failed to sufficiently test the device and failed to satisfactorily warn of its risks.

On Sept. 26, Chief Judge David R. Herndon of the U.S. District Court for the Southern District of Illinois dismissed the manufacturing defect, fraud and breach of express warranty claims, however, finding they were inadequately pled.

In June 2011, Kimberly Centeno was prescribed and implanted with a Mirena intrauterine birth control device. …