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Bayer HealthCare Pharmaceuticals (BAYA.F) Opposes the Formation of a Mirena MDL


2/28/2013 8:25:59 AM

In August 2012, Bayer Healthcare Pharmaceuticals petitioned the New Jersey Courts to centralize all Mirena IUD lawsuits filed in the state into one location. On January 8, 2013, the New Jersey Supreme Court denied the request for unknown reasons. Soon after, on January 16, 2013, Mirena lawyers representing plaintiffs with claims against Bayer filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate all federal cases into one court. Bayer, however, has this time filed a response opposing federal centralization, arguing that it is not appropriate. Bayer Seeks Consolidation at State Level Bayer wanted to consolidate New Jersey Mirena lawsuits in Middlesex County Superior Court, arguing that consolidation would be more efficient. In their petition, they wrote, “Centralized Management in a Mass Tort venue, with an experienced Judge, will help ensure fairness to the parties, provide a streamlined approach to case management and avoid the possibility of duplicative motion practice and inconsistent discovery rulings between multiple Judges in Morris County.” The company expected additional Mirena lawsuits to be filed in the future, and argued that centralization would conserve judicial resources and reduce the risk of inconsistent rulings. The arguments proved moot when the New Jersey Supreme Court denied the consolidation request.

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