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Mirena IUD blindness claims survive attack from Bayer
A U.S. District Chief Judge in Kentucky recently preserved two claims that drug maker Bayer Healthcare Pharmaceuticals Inc. wanted thrown out. The claims were based on two forms of negligence, strict liability and negligent representation. Bayer sought to have the claims dismissed, along with a claim for breach of implied warranty. Bayer's argument that Kentucky law does recognize negligent misrepresentation as a cause of action in products liability suits involving personal injury was not found to be persuasive. The plaintiff, Kara Stanley, will be allowed to pursue those claims in an attempt to recover damages for the harm done to her by the Mirena intrauterine birth control device.
