New York judge Cathy Seibel bans experts testimony, now throws out IUD lawsuit against Mirena
A New York federal judge has thrown out complaints from 1,300 women injured by the Mirena intra-uterine contraceptive device (IUD).
U.S. District Judge Cathy Seibel first disallowed testimony that showed Bayer’s IUD perforates women’s uteruses after it is surgically inserted before dismissing all 1,300 cases, explaining that without expert testimony, which she had banned, there were no grounds for the joint lawsuit to go before a jury.
The women contend that they have been severely injured by Bayer AG’s lucrative and popular Mirena IUD. Bayer does not dispute that its product injured the more than 1,300 women, but fought the suit based upon doubts about whether the injuries occurred at the time of insertion, or afterwards.
Bayer’s corporate lawyers contended that the injuries happened during, as opposed to after, the surgical insertion of the Mirena IUD and defended the company by saying uterine perforation is a possible side effect listed on the product’s label.
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However, the 1,300 women argued that the Mirena IUD injured them internally after insertion, and that Bayer does not inform women of that possibility.
The women’s case rested on key expert testimony showing how the Mirena IUD can cut into women’s uteruses after the contraceptive device is inserted. But in March, Judge Seibel granted Bayer’s motion banning such testimony, saying the experts’ findings were not supported by scientific literature.
Seibel, a 2008 nominee by President George W. Bush, ruled that judgment be entered in favor of Bayer in all the 1,300 cases.
Reuters reported that Bayer issued a press release praising the ruling, which they said “affirms that the Plaintiffs have failed to provide any admissible evidence of causation to prove their case.”
Dr. Brian Clowes, director of research and education for Human Life International, contended that the case was rigged to fail by Seibel. “In March, Judge Seibel barred expert testimony showing that Mirena causes uterine perforations after insertion,” Clowes told LifeSiteNews, “and then (the same judge) waits four months to throw out the lawsuits because a jury would have no basis to find in favor of the women who were injured by Mirena.”
“To these wounded women, it makes little difference whether the IUD lacerated their wombs during insertion or after,” he continued. “Once again, the culture of death causes more ‘collateral damage’ in its constant pursuit of more and more sexual ‘freedom.’”
