2nd Cir. Upholds Dismissal of Remaining Mirena Cases for Lack of General Causation

NEW YORK — A federal appeals court has upheld an award of summary judgment to Bayer on the remaining cases in the Mirena intrauterine contraceptive device multidistrict litigation, holding that because the plaintiffs’ general causation expert opinions had been excluded, they are unable to show that their injuries were caused by the device’s perforation of their uteruses.

On Oct. 24, the 2nd Circuit U.S. Court of Appeals affirmed that alleged admissions by Bayer in its statements, labels and letters do not establish an issue of fact as to whether Mirena is capable of causing secondary perforation.

Plaintiffs asserted claims of …