Strict Liability, Misrepresentation Claims to Proceed in Ky. Mirena Case

PADUCAH, Ky. — A Kentucky federal judge has allowed claims of strict liability and negligent misrepresentation to proceed against Bayer in connection with its Mirena birth control device, finding the claims are valid under state law.

However, in an Aug. 7 order, Senior Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky dismissed the plaintiff’s breach of implied warranty for lack of privity.

Kentucky resident Ashley Babich-Zacharias alleges that after her Mirena IUD was inserted in January 2010, she developed severe headaches and vision problems that caused her to seek emergency care. After …