Dismissal of Implant Contraception MDL Upheld by Second Circuit

In 2013, 1,300 women across the country sued Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG and Bayer OY ("Bayer").  The women alleged that they were injured after the contraception Mirena was implanted and perforated their uteruses causing injuries.

In March 2016, the District Court issued an opinion excluding all three of the plaintiffs’ expert witnesses. The district judge found their testimony was unreliable and stated that they “worked backwards to hypothesize a mechanism by which it might occur.”

The standard of review  is highly deferential:  courts look for an abuse of discretion or manifest error.  Applying this standard, the Second Circuit affirmed in a summary opinion.