Strict Liability, Warranty Claims to Proceed Against Bayer in Calif. Mirena Case

SACRAMENTO — Strict liability and warranty claims accusing Bayer Healthcare Pharmaceuticals Inc. of defectively designing and manufacturing its birth control device Mirena and failing to adequately warn of its risks may proceed, a California federal judge has ruled.

In the Feb. 24 order, Judge Lawrence J. O'Neill of the U.S. District Court for the Eastern District of California dismissed the plaintiff’s fraud based claims for lack of the requisite particularity, but granted her leave to amend the counts.

California resident Kareama Patterson had a Mirena intrauterine birth control device inserted by her healthcare practitioner. Afterward, she began experiencing severe headaches …