N.M. Federal Judge Denies Bayer’s Motion to Dismiss Mirena Action for Insufficient Service

ALBUQUERQUE, N.M. — A plaintiff’s failure to include the court’s order to show cause in her complaint and summons does not warrant dismissal because the defendant did not show that it was prejudiced by the omission, a New Mexico federal judge has ruled in a Mirena injury action.

On Aug. 21, Judge Judith C. Herrera of the U.S. District Court for the District of New Mexico held that while the plaintiff’s failure to include the order “shows a certain sloppiness and inattention to detail,” it does not merit dismissal.

In June 2009, Melissa Beauprez’s doctor implanted the Mirena intrauterine contraceptive …