Goldman Ismail Wins Eleventh Circuit Appeal

On May 23, 2016, the U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment against a Georgia plaintiff who alleged that Mirena caused her to develop idiopathic intracranial hypertension (“IIH”), a disorder consisting of increased pressure within the skull in the absence of an obvious identifiable cause.  This is the first dispositive ruling in an IIH case, and the decision confirms that plaintiffs cannot produce reliable scientific evidence demonstrating that Mirena causes the injuries they allege. In affirming the district court’s judgment, the Eleventh Circuit recognized that Plaintiff failed to present any medical expert testimony establishing that Mirena caused her to develop IIH, as required under Georgia law. The Court also agreed that Plaintiff failed to pursue discovery diligently or timely seek leave to amend her Complaint, despite having had months to do so. The Court’s opinion is available here. Shayna S. Cook and Rami Fakhouri handled the briefing before the Eleventh Circuit.