NEW ORLEANS - A Jefferson Parish woman has filed a lawsuit claiming her intrauterine birth control device perforated her uterine wall.
Angie S. Cochran filed suit against Bayer Healthcare Pharmaceuticals Inc. on Nov. 22 in federal court in New Orleans.
Cochran had an intrauterine device inserted by a healthcare provider during an office visit around 2003, the lawsuit claims. She states that around Dec. 1, 2008 she suffered a perforation of the uterine wall and was treated at a hospital in Metairie.
According to the lawsuit, the label does not warn about spontaneous migration, but only states that migration may occur if the uterus is perforated during insertion.
The defendant is accused of strict liability for failure to warn, design defect, marketing defect, construction or composition defect and manufacturing defect, breach of express warranty and redhibition.
The plaintiff is seeking an award of damages for mental anguish, medical expenses, attorney’s fees, interest, and court costs.
Cochran is represented by Michael Hingle of Michael Hingle & Associates in Slidell. A jury trial is requested.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:13-cv-06478