U.S. Supreme Court Denies Cert to Mirena MDL Plaintiffs

The U.S. Supreme Court has denied a petition for writ of certiorari filed by plaintiffs in the Mirena® multidistrict litigation, effectively ending litigation in federal courts that involved more than 1,300 plaintiffs and lasted more than five years. Shook Partner James Shepherd led a team of attorneys, analysts, paralegals and support staff who represented defendants-appellees Bayer HealthCare Pharmaceuticals, Inc., Bayer Pharma AG and Bayer Oy in the district court and on appeal to the Second Circuit; co-counsel Arnold & Porter Kaye Scholer was counsel of record on appeal to the Supreme Court.

The litigation involved allegations that use of Bayer’s intrauterine contraceptive system Mirena® caused injuries associated with perforation, migration or embedment, but the Southern District of New York excluded the plaintiffs’ experts under Daubert and granted summary judgment to Bayer. The U.S. Court of Appeals affirmed the dismissal in October 2017. 

The cases are Mirena MDL v. Bayer Healthcare Pharms. Inc., No. 17-1037 (U.S., March 19, 2018); and In Re: Mirena IUD Prods. Liab. Litig., No. 16-2890 (2d Cir., October 24, 2017).